State v. McDonald (Signed Opinion)
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The Supreme Court vacated the order of the circuit court resentencing Petitioner to eighty years of incarceration in connection with his conviction for first-degree robbery, holding that the sentencing court plainly erred by failing to follow W. Va. R. Crim. P. 32(b)(1) when sentencing Petitioner.
On appeal, Petitioner argued that the sentence imposed by the circuit court was disproportionate to his crime and that the circuit court failed to make particularized findings to justify the sentence. The Supreme Court vacated the sentencing order without reaching the merits of Petitioner's claims, holding (1) the plain language of Rule 32(b)(1) requires that the sentencing court receive and consider a presentence report before sentencing unless certain conditions are met; and (2) the sentencing court in this case erred by sentencing Petitioner without meeting all the conditions listed in Rule 32(b)(1).
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