State v. Thornton

ALBRIGHT, Justice.

This is an appeal by Randy L. Thornton from an order of the Circuit Court of Kana-wha County denying a “motion for reduction of sentence” brought under the former provisions of Rule 35(b) of the West Virginia Rules of Criminal Procedure on the ground that the motion was not timely filed. 1 On appeal, the appellant claims that the motion was timely filed and that the court erred in denying it. After reviewing the question presented, as well as the facts, this Court agrees with the defendant’s assertion. Accordingly, the Court reverses the order of the circuit court denying…