State of West Virginia v. Wayne Dubuque

Justice Ketchum:

Petitioner Wayne Dubuque (“Mr. Du-buque”) appeals from the Circuit Court of Jefferson County’s March 16, 2016, sentencing order following his guilty plea to five counts relating to his possession of material visually depicting a minor engaged in sexually explicit conduct in violation of W.Va. Code § 61-8C-3 [2014].1 The plea agreement provided that Mr. Dubuque retained “the right to appeal the Court’s ruling as to the multiplicity of counts 5-9” to which he pleaded guilty.

On appeal, Mr. Dubuque asserts that the circuit court erred when it ruled that his possession of five…