State of West Virginia v. Christopher Lane Rose
16-0601
| W. Va. | Sep 5, 2017Background
- Christopher Lane Rose was indicted in Sept. 2015 on multiple sex‑related charges and related offenses; several charges later dismissed.
- In March 2016 Rose entered a Kennedy plea, pleading no contest to three counts of first‑degree sexual abuse and one count of obtaining services by false pretense.
- At plea hearing Rose acknowledged potential exposure to up to fifty years of supervised release.
- At sentencing the State referenced past uncorroborated allegations; Rose objected to reliance on anonymous accusations.
- The circuit court stated it would base sentence only on current case facts and explicitly disclaimed reliance on anonymous accusations.
- Court imposed consecutive terms (1–5 years ×3 for abuse; 1–10 years for false pretense) plus fifty years of supervised release; Rose appealed only the supervised‑release term.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rose) | Held |
|---|---|---|---|
| Whether the 50‑year supervised‑release term was improper because the court relied on uncorroborated past accusations | Supervised release is statutorily authorized; circuit court said it relied only on present offense facts | The sentence was tainted because the court considered anonymous, uncorroborated allegations of other victims | Affirmed. Statute authorizes up to 50 years; record shows court did not base sentence on anonymous accusations, so no reversible error |
Key Cases Cited
- State v. Head, 198 W.Va. 298, 480 S.E.2d 507 (W. Va. 1996) (standard of review for circuit court findings and legal questions)
- State v. Georgius, 225 W.Va. 716, 696 S.E.2d 18 (W. Va. 2010) (applies three‑pronged review statement)
- State v. Goodnight, 169 W.Va. 366, 287 S.E.2d 504 (W. Va. 1982) (sentences within statutory limits and not based on impermissible factors are not subject to appellate reversal)
- State v. Booth, 224 W.Va. 307, 685 S.E.2d 701 (W. Va. 2009) (reiterating limits on appellate review of sentences)
- Kennedy v. Frazier, 178 W.Va. 10, 357 S.E.2d 43 (W. Va. 1987) (Kennedy plea doctrine permitting no‑contest plea when defendant intelligently concludes plea is in his interest)