State v. Barker

The sole issue before us in this appeal is whether the Circuit Court of Wood County erred in sentencing the appellant, Robert Mitchell Barker, to a life sentence under the habitual criminal statute, W.Va.Code, 61-11-18 [1943]. 1 The appellant contends that the imposition of a life recidivist sentence violates the proportionality clause in Article III, Section 5 of the West Virginia Constitution in light of the non-violent nature of the crime and of his previous convictions for forgery and uttering. We agree, and accordingly, we remand this case to the circuit court for resentencing.

A warrant…