State of West Virginia v. Johnnie Franklin Wills, 16-1199

Petitioner Johnnie Franklin Wills was tried and convicted of grand larceny and conspiracy to commit grand larceny; acquitted of burglary and other charges.
After conviction, the State filed a recidivist information based on Wills’s multiple prior felony convictions.
Wills has at least ten prior felony convictions, including multiple third-offense DUI convictions, attempted grand larceny, and several felon-in-possession convictions.
At sentencing the circuit court, applying W.Va. Code § 61-11-18(c), adjudicated Wills a recidivist and imposed life imprisonment with parole eligibility after 15 years for grand larceny; a concurrent 1–5 year term for conspiracy.
Wills appealed, arguing the life recidivist sentence is disproportionate because the triggering offense (grand larceny) was nonviolent and his violent-proneness claims (DUI convictions) should receive minimal weight due to age.
The Supreme Court of Appeals affirmed, finding the recidivist life sentence did not violate proportionality principles given the nature of the triggering offense (presence during a burglary by a codefendant) and Wills’s prior violent/reckless felonies (notably multiple DUI convictions).

Issue	Plaintiff's Argument (Wills)	Defendant's Argument (State)	Held
Whether a life sentence under the recidivist statute is disproportionate to Wills’s convictions	Life term is excessive because the triggering offenses (grand larceny, conspiracy) were nonviolent; Wills was not the burglar and no violence occurred	Recidivist statute applies due to multiple prior felonies; life sentence is justified to deter habitual offenders	Affirmed — life sentence not disproportionate under WV Constitution or Eighth Amendment
Whether prior DUI and other felonies justify recidivist treatment and weigh toward violence/seriousness	Argues DUI convictions are old and should be given minimal weight; he lacks convictions for actual violent crimes	Multiple DUI convictions constitute reckless, violent-prone conduct (risking serious harm/death); prior felonies must be closely examined and support recidivist sentencing	Affirmed — repeated DUI convictions and other felonies support imposition of recidivist life sentence

State ex rel. Appleby v. Recht, 213 W.Va. 503 (2002) (recidivist statute’s purpose is to deter habitual felony offenders and those who cannot conform conduct)
State v. Beck, 167 W.Va. 830 (1981) (emphasize nature of final offense triggering recidivist sentence; examine actual or threatened violence)
State v. Miller, 184 W.Va. 462 (1990) (final felony receives closer scrutiny; prior felonies and propensity for violence must be examined)
State v. Housden, 184 W.Va. 171 (1990) (burglary and grand larceny can involve threat of harm or violence supporting recidivist sentence)
State v. Davis, 189 W.Va. 59 (1993) (proportionality principle applies under cruel and unusual punishment clause)