State ex rel. State v. Honorable David J. Sims (Signed Opinion)
Annotate this Case
The Supreme Court granted the State’s petition for writ of prohibition seeking to prevent enforcement of the circuit court’s order suspending Demetrius Moore’s sentence, holding that the circuit court improperly applied sentencing credit for time served on a prior, unrelated charge.
Moore was sentenced to a term of imprisonment of two to fifteen years in connection with his plea of guilty to one count of delivery of a controlled substance and second offense felony recidivism. Moore filed a motion for reconsideration seeking to have his sentence suspended. The circuit court ultimately granted the motion and applied credit for time served for a prior, unrelated domestic battery charge. The Supreme Court granted the State’s requested writ, holding (1) W. Va. Code 61-11-24 allows for the granting of credit for time served only on a sentence imposed by the court for the term of confinement “awaiting such trial and conviction”; and (2) in this case, the circuit court directly contradicted the language of the statute and court precedent.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.