State v. Tusing (Signed Opinion)
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The Supreme Court affirmed Petitioner's conviction of one count of death of a child by a parent, custodian, or guardian by child abuse but reversed the determinate sentence of one hundred years imposed by the circuit court and remanded the matter for resentencing, holding that the circuit court erred in part.
On appeal, Petitioner challenged the circuit court's ruling that W. Va. Code 61-8D-2a(c) permits the imposition of a determinate sentence within a range of fifteen years to life. The Supreme Court reversed Petitioner's sentence, holding that the 2017 amendment to the statute established an indeterminate sentence. The Court remanded the case for the circuit court to impose an indeterminate sentence as statutorily required.
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