State v. Keefer (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to reduce her sentence pursuant to W. Va. R. Crim. P. 35(b), holding that the circuit court properly denied the motion as untimely.
Petitioner pleaded guilty to one count of conspiracy to violate W. Va. Code 61-5-8(g)(1) and one count of accepting a bribe in violation of W. Va. Code 61-5A-3. Petitioner later filed a first and then a second motion to reduce her sentence pursuant to Rule 35(b). The circuit court denied the first motion on the merits and found that her second motion was not timely. The Supreme Court affirmed, holding that there was no error in the circuit court's ruling that Petitioner's second motion seeking to reduce her sentence was not timely because it was filed more than 120 days after her sentencing hearing.
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