State of West Virginia v. Tex B.S.

DAVIS, Justice:

Petitioner, Tex B.S. (“Mr. S.”) 1 , appeals from an order of the Circuit Court of Morgan County that corrected his sentence for first-degree sexual assault. Mr. S. alleges that the circuit court committed error in denying his request for a de novo resentencing hearing. The Respondent, State of West Virginia, responds in support of the circuit court’s order correcting Mr. S.’s sentence without a de novo resentencing hearing. After a careful review of the briefs submitted by the parties, the record submitted for appeal, the oral arguments presented to this Court, and the…