State Ex Rel. Daye v. McBride

STARCHER, J.:

The appellant, in this habeas corpus action, seeks relief from his sentence as enhanced under W.Va.Code, 61-11-18 (2000). The trial court initially sentenced the appellant under W.Va.Code, 60A-4-408 (1971), which provides that the sentencing judge may sentence a convicted defendant up to twice the term for the offense as otherwise authorized. The State subsequently filed a motion pursuant to W.Va. Rules of Criminal Procedure, Rule 35a, to correct the initial sentence to conform with the requirements of W.Va.Code, 61-11-18 (2000). The trial court granted the State’s motion and…