State of West Virginia v. Joseph Edward Corbin, III
16-0377
| W. Va. | Jun 16, 2017Background
- Joseph E. Corbin, III was indicted on three counts of delivery of a controlled substance (heroin) and entered a plea agreement to two counts; one count and a separate drug-screen charge were dismissed by the State.
- The plea agreement stated the State would recommend consecutive sentences of 1 to 15 years for each count, but left final sentencing to the trial court’s discretion.
- At plea hearing Corbin acknowledged understanding that sentencing was committed to the court; he pled guilty orally and in writing.
- At sentencing Corbin sought probation with treatment; the State emphasized his substantial criminal history and a failed jail drug screen and reiterated its recommendation for consecutive terms with partial suspension.
- The circuit court imposed two consecutive 1–15 year terms, suspended the second term, and ordered five years supervised release; Corbin appealed claiming the consecutive sentence was illegal/excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of consecutive sentences | State: consecutive sentences within statutory discretion and as recommended by plea agreement | Corbin: consecutive terms are illegal/excessive and disproportionate | Court: Consecutive sentences lawful; within statutory limits and trial court discretion; affirmed |
| Applicability of proportionality review | State: sentence within statutory maximums so proportionality standard inapplicable | Corbin: sentence is excessive/disproportionate | Court: Proportionality review generally applies only to sentences without fixed statutory maximum or life recidivist sentences; not applicable here |
| Sentence reviewability on appeal | State: sentence not based on impermissible factors and within statutory limits, so not reviewable | Corbin: seeks appellate relief for excessiveness | Court: Because sentence was within statutory limits and not based on impermissible factors, appellate review denied |
Key Cases Cited
- State v. Goodnight, 169 W.Va. 366 (1982) (sentences within statutory limits and not based on impermissible factors are not subject to appellate review)
- State v. Georgius, 225 W.Va. 716 (2010) (reiterating standards for appellate review of sentences)
- Keith v. Leverette, 163 W.Va. 98 (1979) (trial court may order concurrent sentences or, absent such a provision, sentences run consecutively)
- Wanstreet v. Bordenkircher, 166 W.Va. 523 (1981) (constitutional proportionality standards limited where statutes set fixed maximums)