State of West Virginia v. Jennie Davis

Williamson, West Virginia, criminal defense lawyer represented the Defendant charged with sexual assault.

Following a jury trial held in February 1995, the petitioner was convicted of four counts of first-degree sexual assault[2] and four counts of sexual abuse by a parent, guardian, or custodian.[3]The petitioner was sentenced to fifteen to thirty-five years of imprisonment for three of the four counts of first-degree sexual assault, to run concurrently; five to fifteen years of imprisonment for four counts of sexual assault by a parent, guardian, or custodian, to run concurrently to each other but consecutively to the sentences for the three counts of first-degree sexual assault; and fifteen to thirty-five years for the fourth count of first-degree sexual assault, to run consecutively to all other counts. Combined, the petitioner was sentenced to an aggregate term of thirty-five to eighty-five years of imprisonment. On January 29, 1996, the petitioner appealed his sentence, which was later refused by this Court by order entered on February 20, 1997.

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In reviewing the findings of fact and conclusions of law of a circuit court concerning an order on a motion made under Rule 35 of the West Virginia Rules of Criminal Procedure, we apply a three-pronged standard of review. We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes and rules are subject to a de novo review.

Affirmed