State v. Lewis

WORKMAN, Justice:

Mabel Lewis appeals from a January 13, 1993, conviction for third offense shoplifting for which she was sentenced by the Circuit Court of Mercer County to an indeterminate term of not less than one nor more than ten years in the state penitentiary and fined $500 pursuant to mandatory sentencing laws. We reverse and remand this case for consideration by the circuit court of the alternative sentencing requested by Appellant.

On June 13, 1991, Appellant, a forty-five-year-old woman, entered the Princeton, West Virginia, Kroger store. The store’s co-manager, Dan Watson, observed…