State v. Metheny (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court entering an order extending Petitioner's probation period past five years, holding that there was no error.
In 2015, Petitioner was sentenced to two years of incarceration in connection with her plea of guilty to a felony offense and placed on supervised probation for five years. At the time, W. Va. Code 62-12-11 permitted probation period of up to five years, but the statute was amended in 2017 to permit a probation period of up to seven years. When Petitioner committed a probation violation in 2020 the circuit court determined that the 2017 probation statute applied to Petitioner's probation violation and entered an order extending Petitioner's probation period past five years. Petitioner appealed, arguing that the circuit court did not have the authority to extend her sentence to a probationary period beyond five years. The Supreme Court affirmed, holding that there was no ex post facto violation under the circumstances.
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