State v. Richards

MeGRAW, Justice:

This case involves a determination of whether West Virginia’s Youthful Offender Act (the “Act”), W. Va.Code §§ 25-4-1 to -12, permits a trial court to increase a defendant’s original sentence upon the revocation of probation. Valid policy arguments favoring flexibility in this area notwithstanding, we conclude that the Act expressly forecloses such action.

I

FACTUAL AND PROCEDURAL BACKGROUND

Michael Richards pleaded guilty to two counts of aggravated robbery under W. Va. Code § 61-2-12 (1961), and was sentenced in October 1996 to two concurrent 18-year terms of imprisonment. In…