State v. Scott
West Virginia Supreme Court
1DissentDavis, J.
Mr. Scott argues that all of his presen-tence credit for time served should have been apportioned between the two consecutive sentences imposed by the circuit court.1 He further asserts that the time served credit should be deducted from the minimum terms of incarceration. The majority has agreed with Mr. Scott and, by way of footnote 11 of the opinion, has suggested that the circuit court “allocate 365 days toward the first uttering count, and the remaining 202 days toward the transporting count.” For the reasons outlined below, I dissent from the majority’s disposition of this issue.
The…
2Cases cited17 opinions
- State Ex Rel. Medical Assurance of West Virginia, Inc. v. RechtWest Virginia Supreme Court · 2003
- Walker v. DoeWest Virginia Supreme Court · 2002
- Stephens v. StateIndiana Court of Appeals · 2000
- State v. TauiliiliHawaii Supreme Court · 2001
- Commonwealth v. CarterMassachusetts Appeals Court · 1980
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