State Ex Rel. Chadwell v. Duncil

The main issue in this original habeas corpus proceeding is the use of a third offense shoplifting conviction, a statutory felony, as a prior felony under W. Va.Code 61-11-18, our habitual criminal offender statute, to impose a five-year recidivist sentence. Because felonies resulting from enhancement sentencing for misdemeanors are within the scope of W. Va.Code 61-11-18 (see State v. Williams, 196 W.Va. 639, 474 S.E.2d 569 (1996)), the writ of .habeas corpus is denied.

I

FACTS AND BACKGROUND

Kenneth Lester Chadwell, the petitioner, was indicted by grand juries for Upshur and Lewis Counties on…