State of West Virginia v. Robert Michael Larue
16-0600
| W. Va. | Sep 5, 2017Background
- Robert Michael Larue was indicted on three felony counts under W. Va. Code § 61-8C-3 (1988) for distributing/exhibiting material depicting minors in sexually explicit conduct; he pled guilty to one count under a plea agreement.
- The State dismissed two counts, agreed not to prosecute another matter, and agreed not to oppose probation; sentencing was left to the trial court.
- Pre-sentencing evaluations (probation office and Dr. Baker) indicated Larue was a high risk to reoffend.
- At sentencing the circuit court treated Larue’s offense as a "crime of violence," denied probation, and imposed a two-year determinate sentence (within statutory limits) plus ten years supervised release.
- Larue appealed, arguing the court relied on an impermissible factor by labeling his offense a crime of violence and denying probation on that basis.
Issues
| Issue | Larue's Argument | State's/Respondent's Argument | Held |
|---|---|---|---|
| Whether the circuit court relied on an impermissible factor by characterizing the offense as a "crime of violence" when denying probation | Larue: Court erred; statute on probation eligibility (§ 62-12-2) does not preclude probation for offenses not involving violence | State: Court permissibly considered nature of the crime and risk assessments; probation is discretionary | Court: No abuse of discretion; characterizing the offense as involving violence was proper and denial of probation not improper |
| Appropriate standard of appellate review | Larue: urged de novo review claiming statutory/constitutional error | State: applied abuse-of-discretion standard; Larue did not identify a violated statutory or constitutional command | Court: Applied deferential abuse-of-discretion review because no specific statutory/constitutional violation was asserted |
Key Cases Cited
- State v. Lucas, 201 W.Va. 271, 496 S.E.2d 221 (1997) (sentencing reviewed for abuse of discretion unless statutory/constitutional error)
- State v. Goodnight, 169 W.Va. 366, 287 S.E.2d 504 (1982) (sentences within statutory limits are not reviewable absent impermissible factors)
- State v. Rose, 156 W.Va. 342, 192 S.E.2d 884 (1972) (probation is a matter of grace, not a right)
- State v. Finley, 219 W.Va. 747, 639 S.E.2d 839 (2006) (questions of law/statutory or constitutional issues reviewed de novo)
- State v. Riggleman, 798 S.E.2d 846 (W.Va. 2017) (distributing/exhibiting child sexual material qualifies as a crime that involves an act of violence due to harm to children)