State of West Virginia v. Samuel Ellison

Beckley, West Virginia criminal defense lawyer represented the Defendant charged with kidnapping and sexual assault.

In 1986, the Defendant was convicted of various crimes related to the kidnapping and sexual assault of a twenty-three-year-old woman. Of relevance to the instant appeal, the circuit court imposed a sentence of not less than one nor more than ten years of incarceration for conspiracy to commit first-degree sexual assault, one of the crimes of which he was convicted. In 2018, pursuant to the petitioner's motion under Rule 35(a) and (b), the circuit court corrected the petitioner's conspiracy sentence to correspond to the statutorily prescribed term of not less than one nor more than five years of incarceration. See W.Va. Code § 61-10-31 (specifying a one-to-five-year term of incarceration for conspiring to commit a felony). In the circuit court's order correcting the petitioner's sentence, the court recounted the procedural history of the petitioner's case and stated that the petitioner had been sentenced "to an aggregate term of not less than fifty-nine (59) nor more than one hundred twenty (120) years in the penitentiary." The court ordered, however, that the petitioner be "remanded to the custody of the Department of Corrections to serve the sentence previously imposed by the trial court except as expressly modified regarding" his conspiracy conviction.



State v. Ellison, 22-935 (W. Va. Nov 26, 2024)

Affirmed