State v. Costello (Signed Opinion)
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The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of driving under the influence causing serious bodily injury and sentencing him to life in prison, with mercy, holding that there was no error.
After the jury returned a guilty verdict, the State filed a recidivist information alleging that Defendant had previously been convicted of two prior felony offenses. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Defendant's motions for a mistrial; (2) the State provided sufficient evidence of Defendant's prior Maryland conviction; and (3) the sentence imposed by the trial court was not an unconstitutionally disproportionate punishment under W. Va. Const. art. III, 5.
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