State of West Virginia v. Virgil Eugene Shrader

WORKMAN, Justice:

This case is before the Court upon the Petitioner’s, Virgil Eugene Shrader’s, appeal of the November 15, 2013, Order of the Circuit Court of Mercer County, West Virginia, which rescinded the Petitioner’s probationary period due to a violation of one of the conditions and sentenced the Petitioner to a term of one to five years in the penitentiary for first degree sexual abuse. After considering the parties’ briefs and oral arguments, the appendix record, and all other matters before the Court, we find that the circuit court erred in rescinding the Petitioner’s probationary…