West Virginia Supreme Court

State of West Virginia, Plaintiff Below, Respondent v. Tex B.s., Defendant Below, Petitioner

October 8, 2015236 W. Va. 261

Summary

The West Virginia Supreme Court affirmed the circuit court’s order correcting Mr. S.’s first‑degree sexual‑assault sentence under Rule 35(a) without a de novo resentencing hearing. The Court held that neither a de novo hearing nor the defendant’s presence is required for such a correction.

Holding

  • Whether a defendant is entitled to a de novo resentencing hearing when a sentence is corrected under West Virginia Rule 35(a).. No; the trial court may correct an illegal sentence under Rule 35(a) without holding a de novo resentencing hearing.
  • Whether a defendant must be present at a Rule 35(a) sentence‑correction proceeding under Rule 43(c)(4).. No; under Rule 43(c)(4) a defendant need not be present at a reduction of sentence under Rule 35.

Docket 14-0891

Cited authorities

  • Rule 35 of the West Virginia Rules of Criminal
  • Rule 35 of the West Virginia Rules of Criminal Procedure
  • Rule 32(c) of the West Virginia Rules of Criminal Procedure
  • Rule 32(c)(3)(c)
  • Rule 43(c)(4) of the West Virginia Rules of Criminal Procedure
  • Rule 43(e)(4)
  • Rule 43(c)(4)
  • Rule 43(c)(4)

Cited by

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