State of West Virginia v. William P. Allen
15-1221
| W. Va. | Feb 21, 2017Background
- In Oct 2014, Berkeley County grand jury indicted Perry for grand larceny.
- In Mar 2015, Perry pled guilty under a plea agreement, admitting to selling items without permission from his residence's house owner.
- The plea agreement provided that the State would not make any sentencing recommendations to the circuit court.
- The circuit court accepted the plea and ordered a presentence investigation prior to sentencing.
- At July 2015 sentencing, a victim was allowed to give an impact statement; the victim urged punishment; Perry received a sentence of 1–10 years, plus restitution and costs, and was allowed to delay custody until the following day before surrendering.
- In July–November 2015, Perry filed pro se motions to stay execution, obtain post-conviction bail, and reconsider sentence; the circuit court denied these; in Nov 2015, Perry moved to correct an illegal sentence under Rule 35(a); the court denied it on Dec 11, 2015; Perry appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did calling the victim violate the plea? | Perry argues the plea barred such testimony. | Allen contends the plea allowed victim testimony as a victim impact statement. | No violation; victim testimony permitted by plea. |
| Was the victim's statement compliant with WV Code § 61-11A-2(c)? | Victim did not properly notify or waive rights under statute. | Victim appeared, testified, and complied with statutory procedures. | Statement proper under statute; no waiver defect. |
| Did the sentence comply with the plea and legal standards? | Sentence may have been impermissibly influenced by the victim's statement. | Sentence within statutory limits and consistent with the plea. | Sentence legal and within statutory limits; not based on impermissible factors. |
| Was the Rule 35(a) claim properly denied? | Sentence was illegally imposed due to plea violation. | No illegal sentence; plea and proceedings were proper. | Rule 35(a) denial affirmed. |
Key Cases Cited
- State v. Head, 198 W.Va. 298, 480 S.E.2d 507 (1996) (three-pronged standard of review for Rule 35 motions)
- Syl. Pt. 1, State v. Allen, 224 W.Va. 444, 686 S.E.2d 226 (2009) (precedent cited for Rule 35 standards and review)
- State v. Goodnight, 169 W.Va. 366, 287 S.E.2d 504 (1982) (sentences within statutory limits not subject to appellate review)
- State v. Payne, 225 W.Va. 602, 694 S.E.2d 935 (2010) (no impermissible factor shown in sentencing)