State v. Doom (Signed Opinion)
Annotate this CaseDefendant pleaded guilty to third offense shoplifting. The Circuit Court of Braxton County imposed a sentence of one to ten years of imprisonment, to be served consecutively to a sentence previously imposed in Monongalia County. Thereafter, Defendant filed a motion under W. Va. R. Crim. P. 35(b) seeking to modify his sentence. While that motion was pending, Defendant appealed, arguing that the circuit court erred when it denied his pre-sentencing motion for an alternative sentence. The Supreme Court affirmed, holding (1) Defendant’s pending Rule 35(b) motion had no effect on the Supreme Court’s appellate jurisdiction of the final judgment order; and (2) the sentence of imprisonment was not disproportionate for the crime of third offense shoplifting.
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