State v. Ward (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court sentencing Petitioner to a determinate term of give years in the penitentiary for his felony conviction of possession of a firearm by a prohibited person and an enhancement of five years under the West Virginia Habitual Offender Act, W. Va. Code 61-7-7(b)(2), for a total determinate term of ten years' imprisonment, holding that the circuit court did not err.
On appeal, Petitioner argued that the circuit court erred by denying his motion to dismiss his indictment based on the State's use of his previous Indiana conviction was the predicate felony barring his right to possess a firearm. The Supreme Court affirmed, holding that an out-of-state felony controlled substance conviction may serve as the predicate felony conviction necessary for a charged violation of section 61-7-7(b)(2) regardless of the classification of that crime in the State of West Virginia.
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