State v. Head

RECHT, Justice:1

Michael Head (appellant) appeals the denial of his motion for a reduction of sentence by the Circuit Court of Kanawha County. Although the appellant timely filed a motion for a reduction of his 60-year sentence for aggravated robbery under Rule 85(b) of the West Virginia Rules of Criminal Procedure, the circuit court failed to rule on the appellant’s motion for over four years. Finally, prompted by the appellant’s filing of an amended motion, the circuit court held a hearing but denied the motion, reasoning that the inordinate delay had resulted in a loss of jurisdiction by…