State of West Virginia v. Jimmy Dale Cearley

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, Plaintiff Below, FILED Respondent March 16, 2015 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS vs) No. 14-0547 (Cabell County 06-F-101) OF WEST VIRGINIA Jimmy Dale Cearley, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner Jimmy Dale Cearley, by counsel J. Anthony Spenia, appeals the Circuit Court of Cabell County’s April 15, 2014, order resentencing him to consecutive terms of incarceration of ten to twenty-five years for his conviction of second degree sexual assault and, pursuant to the recidivist statute,…