State v. Rutherford

MAYNARD, Chief Justice. 1

The appellant and defendant below, Earl Monty Rutherford, appeals his sentence for delivery of crack cocaine which was enhanced pursuant to W.Va.Code § 60A-4^08 (1971), on the basis that the appellant has a prior drug conviction. The appellant argues that although W.Va.Code § 60A-4-408 meets federal constitutional standards, the statute denies him due process under the West Virginia Constitution. After careful consideration of the issue before us, we affirm the ruling of the circuit court.

I

FACTS

In a complaint filed on August 22, 2005, the appellant was accused of…