State v. Myers

McHUGH, Justice:

Stanley Melvin Myers appeals from the July 6, 2010, order 1 of the Circuit Court of Berkeley County determining him to be a sexually violent predator within the meaning of West Virginia Code § 15-12-2(k) (2009). As grounds for the appeal, Mr. Myers asserts that the trial court failed to make the statutory determination at issue within the time frame contemplated by the governing statute. Upon our careful review of this matter, we find that the trial court committed error by holding the summary proceeding required to make a determination of whether a person is a sexually…