State v. Byrd

Caplan, Chief Justice:

Alonzo Byrd was indicted in 1976 by the grand jury serving the Circuit Court of Kanawha County on the charge of accessory before the fact to armed robbery. After voluntarily surrendering to the police, counsel was appointed to represent him and he subsequently entered a plea of guilty to the charge of accessory before the fact to unarmed robbery. As a result of his plea he was sentenced to a term of 5 to 18 years in the state penitentiary.

Two days prior to the imposition of the sentence the defendant filed a written motion seeking authority for him and/or his counsel to…