State v. Tex B.S. (Signed Opinion)
Annotate this CasePetitioner was convicted and sentence for first-degree sexual assault and sexual abuse by a parent or guardian. The Supreme Court affirmed. Petitioner filed a habeas corpus petition in circuit court alleging that his sentence for first-degree sexual assault was illegal. The circuit court determined that the issue was properly resolved under W. Va. R. Crim. P. 35. During a hearing, Petitioner argued that he was entitled to a de novo resentencing hearing. The trial court disagreed and corrected the sentence at the hearing. The court sentenced Petitioner to an indeterminate sentence of not less than fifteen years nor more than thirty-five years for first-degree sexual assault. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in denying Petitioner’s request for a de novo resentencing hearing.
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