State v. GEORGIUS

This case is before the Court upon an appeal of the July 1, 2008, order of the Circuit Court of Berkeley County through which the circuit court denied a motion by the appellant, William Georgius, III, for reconsideration of his indeterminate sentence of not less than fifteen nor more than thirty-five years in the state penitentiary upon his conviction for first degree sexual assault in violation of W.Va.Code § 61-8B-3 (2000). On appeal, the appellant maintains that the circuit court failed to properly apply the law as set forth in State v. Arbaugh, 215 W.Va. 132, 595 S.E.2d 289 (2004). Based…