State v. Hersman

Miller, Justice:

This appeal involves the question of whether a person sentenced as a youthful male offender under W.Va. Code, 25-4-6, 1 is constitutionally entitled to credit for time spent at a correctional center.

Petitioner, Randall Hersman, was indicted for possession of marijuana. On August 13, 1976, he entered a guilty plea and was sentenced by the Circuit Court of Wood County to the custody of the Commissioner of Corrections pursuant to W.Va. Code, 25-4-6. This section provides: “confinement in the center shall be for a period of six months, or longer if it is deemed advisable by the…