State ex rel. State v. Honorable David J. Sims

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The Supreme Court granted the State’s petition for writ of prohibition seeking to prevent enforcement of the circuit court’s order suspending Demetrius Moore’s sentence, holding that the circuit court improperly applied sentencing credit for time served on a prior, unrelated charge.Moore was sentenced to a term of imprisonment of two to fifteen years in connection with his plea of guilty to one count of delivery of a controlled substance and second offense felony recidivism. Moore filed a motion for reconsideration seeking to have his sentence suspended. The circuit court ultimately granted the motion and applied credit for time served for a prior, unrelated domestic battery charge. The Supreme Court granted the State’s requested writ, holding (1) W. Va. Code 61-11-24 allows for the granting of credit for time served only on a sentence imposed by the court for the term of confinement “awaiting such trial and conviction”; and (2) in this case, the circuit court directly contradicted the language of the statute and court precedent. View "State ex rel. State v. Honorable David J. Sims" on Justia Law