State of West Virginia v. Wetzel (Signed Opinion)
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The defendant, Kristen Nicole Wetzel, was convicted of unlawful taking of a vehicle, also known as "joyriding," under West Virginia Code § 17-8-4(a). As part of a plea agreement, she was sentenced to six months of incarceration, with only ten days of actual confinement and the remainder of the sentence suspended in favor of probation. The court later amended the confinement period to 240 hours of actual incarceration. Wetzel filed a motion to correct her sentence, arguing that the language of the sentencing order was denying her "good time" credit, a reduction of sentence for good conduct.
The Circuit Court of Barbour County denied Wetzel's motion. The court found that the issue of good time credit was within the discretion of the West Virginia Division of Corrections and Rehabilitation, not the court. The court also noted that its sentencing order did not prohibit Wetzel from receiving good time credit. If Wetzel believed she should be receiving credit for good time, the court suggested she should file a civil action against the West Virginia Division of Corrections and Rehabilitation.
The Supreme Court of Appeals of West Virginia affirmed the lower court's decision. The court found that Wetzel's sentence was within the statutory limits and was not based on any impermissible factor. The court agreed with the lower court that the issue of good time credit fell within the discretion of the West Virginia Division of Corrections and Rehabilitation. Therefore, the court found no basis to grant Wetzel any relief under Rule 35(a) of the West Virginia Rules of Criminal Procedure.
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