State ex rel. Gordon v. McBride

This case is before this Court upon the pro se appeal of James William Gordon from the November 3, 2004, order of the Circuit Court of Wood County, West Virginia, denying him relief in habeas corpus. Gordon was convicted in that Court of two counts of sexual assault in the first degree. In this proceeding, instituted in the Circuit Court under the West Virginia Post-Conviction Habeas Corpus Act, W.Va.Code, 53-4A-1(1967), et seq., the sole issue raised concerns the constitutionality of Gordon’s term of imprisonment upon the two convictions. Gordon contends that, inasmuch as his scheduled…