State v. Proctor, 227 W. Va. 352

Proctor pleaded guilty to two offenses: first degree sexual abuse and sexual abuse by a parent, guardian or custodian, with consecutive sentencing of 5–25 years and 10–20 years respectively.
The circuit court imposed the sentences consecutively after a sentencing hearing and a forensic psychological evaluation.
Proctor moved to reduce the sentence under Rule 35(b); the circuit court denied the motion.
Proctor argues on appeal that misstatements in the sheriff’s report, presentence report, and psychological evaluation, and the victim’s forensic interview, affected sentencing.
He also contends the dual convictions for related offenses violate double jeopardy.
The WV Supreme Court of Appeals affirms the circuit court’s denial of the Rule 35(b) motion and finds no reversible error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether misstatements in reports required reconsideration of sentence	Proctor waives error by not objecting at sentencing	Proctor did not timely object; waiver applies	No reversible error; waiver due to silence at sentencing
Whether double jeopardy bars consecutive convictions	Gill requires concern over multiple punishments for same conduct	Statutory language creates separate offenses; plea waived challenge	No double jeopardy violation; convictions upheld; waiver

State v. Gill, 187 W. Va. 136, 416 S.E.2d 253 (1992) (establishes double jeopardy framework for separate offenses; legislative intent governs punishment)
State v. Craft, 200 W. Va. 496, 490 S.E.2d 315 (1997) (failure to address misstatements at sentencing under Rule 32 constitutes error unless waived)
State v. LaRock, 196 W. Va. 294, 470 S.E.2d 613 (1996) (contemporaneous objection rule; raise/waive principle in WV appellate practice)
Mabry v. Johnson, 467 U.S. 504, 104 S. Ct. 2543 (1984) (voluntary guilty plea generally forecloses collateral attack on conviction)