State of West Virginia v. Steven W. Funt
16-1169
| W. Va. | Oct 23, 2017Background
- Steven W. Funt was indicted in Morgan County in 2016 for breaking and entering (felony) and petit larceny (misdemeanor); convicted after a two-day jury trial.
- After the convictions, the State filed a recidivist information alleging prior felony convictions (1997, 2004, 2006) that would trigger West Virginia Code § 61-11-18 and a life sentence.
- The State introduced prior charging, sentencing, and commitment documents and testimony from officers to prove identity as the same person convicted in earlier proceedings; the court admitted the evidence.
- A recidivist jury found Funt was the same person who committed the predicate felonies; Funt renewed a proportionality challenge to the life recidivist sentence.
- The circuit court denied the proportionality motion and sentenced Funt to life with parole eligibility after 15 years for breaking and entering, and six months concurrent for petit larceny. Funt appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior recidivist conviction records to prove identity | Funt: prior recidivist judgment risked jurors relying on earlier jury findings; not relevant to identity | State: records plus officer testimony and matching identifiers are proper methods to prove identity beyond reasonable doubt | Court: Admission was proper; records and witness ID, plus Funt's admissions, adequately proved identity |
| Whether mere name matching in prior records suffices to prove identity | Funt: prior records and name matching insufficient and prejudicial | State: name, birthdate, SSN, documents, and officer testimony together establish identity | Court: Mere name match alone insufficient, but here corroborative evidence made it admissible and probative |
| Failure to rule on proportionality motion | Funt: circuit court refused to consider proportionality of life recidivist sentence | State: court considered pretrial and posttrial briefing and heard argument, then denied motion | Court: No error—court explicitly considered and denied the proportionality challenge |
| Constitutionality / proportionality of life recidivist sentence under Article III, §5 | Funt: life sentence disproportionate to his property crimes | State: recidivist statute mandates life after multiple prior felonies; prior case law permits application to property crimes like larceny/b&e | Court: Life recidivist sentence did not violate proportionality doctrine for these offenses; affirmed |
Key Cases Cited
- State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (trial court discretion in evidentiary Rule 403 balancing)
- State v. Barlow, 181 W.Va. 565, 262 S.E.2d 530 (State must prove identity beyond a reasonable doubt in recidivist proceedings)
- State v. Vance, 164 W.Va. 216, 262 S.E.2d 423 (methods to prove identity include authenticated records and testimony; name match alone insufficient)
- State ex rel. Appleby v. Recht, 213 W.Va. 503, 583 S.E.2d 800 (primary purpose of recidivist statutes is deterrence)
- State v. Beck, 167 W.Va. 830, 286 S.E.2d 234 (test for proportionality analysis of life recidivist sentence)
- State v. Oxier, 179 W.Va. 431, 369 S.E.2d 866 (upholding life recidivist sentence where underlying felonies included breaking and entering and grand larceny)