State v. Griffy (Per Curiam Opinion)
Annotate this CasePetitioner David Griffy pleaded guilty to two counts of grand larceny and was sentenced to two indeterminate one-to-ten year terms of imprisonment. Griffy subsequently filed a motion for reconsideration of sentence and a motion to withdraw plea. The circuit court denied the motions. Griffy appealed, asserting that the circuit court committed reversible error by failing to comply with W.Va. R. Crim. P. 11(e)(2). The Supreme Court reversed, holding (1) it was evident that Griffy did not understand when he pled guilty that he would not be allowed to later withdraw his plea if his sentence did not meet his expectations, and there was no evidence that Griffy was ever given a Rule 11(2)(e) warning; and (2) the substantial rights of Griffy were affected by the circuit court's failure to give the Rule 11(e)(2) warning. Remanded with instructions that Griffy be given an opportunity to either plead anew or to grant specific performance so that the sentence comported with the reasonable understanding and expectations of Griffy as to the sentence for which he bargained.
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