State of West Virginia v. Loren Garcia, 16-0889

Loren Garcia pled guilty (2014) to child neglect resulting in bodily injury (W. Va. Code § 61-8D-4) after agreeing to dismiss related child abuse and conspiracy counts; sentenced to 1–3 years incarceration plus 10 years extended supervised release.
After release, Garcia was arrested on robbery charges (Mar. 2016); the court revoked supervised release and resentenced her to 3 years incarceration plus 30 years extended intensive supervision under W. Va. Code § 62-12-26.
Garcia filed a Rule 35(a) motion arguing the extended supervised-release term (30 years) as applied to a non-sexual offender violated substantive due process because the statute is geared toward sex offenders and contains provisions purposeless for non-sexual crimes.
The circuit court denied relief, finding the statute unambiguous and the protection of children a compelling state interest.
The Supreme Court of Appeals affirmed, applying de novo review to statutory-interpretation and constitutional questions and finding the statute applies to the offense and does not violate substantive due process on the record presented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether applying W. Va. Code § 62-12-26 (extended supervised release) to a non-sexual offender violates substantive due process	Garcia: statute targets sex offenders; applying it to non-sexual offender is arbitrary, not narrowly tailored, and contains purposeless provisions for non-sex crimes	State: statute’s plain language covers the offense; restrictions and treatment conditions serve legitimate protective and rehabilitative purposes	Held: Statute applies to Garcia’s conviction; she did not show infringement of a fundamental right or lack of rational basis; denial of Rule 35(a) affirmed

State v. Head, 198 W. Va. 298, 480 S.E.2d 507 (1996) (standard of review for Rule 35 motions and mixed-review framework)
State ex rel. Appalachian Power Co. v. Gainer, 149 W. Va. 740, 143 S.E.2d 351 (1965) (deference to legislature; courts must construe statutes to sustain constitutionality)
State v. Rutherford, 223 W. Va. 1, 672 S.E.2d 137 (2008) (constitutional questions reviewed de novo; reiterated principles of statutory construction)
Washington v. Glucksberg, 521 U.S. 702 (1997) (Due Process protects fundamental liberty interests; heightened scrutiny applies only to such interests)
State ex rel. Harris v. Calendine, 160 W. Va. 172, 233 S.E.2d 318 (1977) (substantive due process requires means bear a rational relationship to a proper legislative purpose)
State v. Deel, 237 W. Va. 600, 788 S.E.2d 741 (2016) (upholding supervised-release statute against various constitutional challenges)