State of West Virginia v. Andrew C. Smith

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, Plaintiff Below, Respondent FILED May 24, 2013 vs) No. 12-0953 (Berkeley County 09-F-117) RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Andrew C. Smith, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner’s appeal, by counsel Christopher J. Prezioso, arises from the Circuit Court of Berkeley County, wherein the circuit court revoked petitioner’s probation and imposed its original sentence of a term of incarceration of five to twenty-five years for his conviction of one count of first degree…