State v. Wilson, 703 S.E.2d 301

In September 2007, Wilson and codefendant Veasey allegedly delivered morphine to a confidential informant’s residence, selling four pills for $200; later, the informant’s involvement was disclosed.
On June 24, 2008, Wilson and Veasey were indicted for delivery of a controlled substance and conspiracy.
On October 9, 2008, the State amended its witness list to include Veasey and Emma Butcher; defense moved to exclude for late disclosure.
The circuit court held hearings and allowed the late-disclosed witnesses with time for defense interviews; trial proceeded.
Wilson was convicted of conspiracy and acquitted of delivery; he pled guilty to a recidivist information and received an additional five-year term; he appeals challenging discovery disclosures and the sentencing enhancement.
The court remands for further proceedings consistent with the opinion and addresses both discovery and sentencing issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Late disclosure of witnesses and prejudice	Wilson argues undisclosed witnesses were prejudicial under Rule 16	Wilson asserts surprise and hampered preparation due to late disclosure	No reversible error; court did not abuse discretion; no prejudice shown
Recidivist sentence under 61-11-18(a) and plea validity	State contends plea and sentence aligned with statute and plea agreement	Wilson argues sentence under 61-11-18(a) should have been indeterminate; plea based on illegal sentence	Recidivist sentence under 61-11-18(a) is invalid; plea set aside; five-year term void; state may proceed on underlying recidivist charges
Effect of plea bargain on legality of sentence	State relies on plea to recidivist charge	Plea cannot stand when it relies on an illegal sentence	Plea invalid; illegal sentence cannot be the subject of a binding plea; remand for proper proceedings

State v. Huffman, 141 W.Va. 55 (1955) (standard for evidentiary ruling abuse of discretion)
State v. Calloway, 207 W.Va. 43 (1999) (discovery and prejudice standards in WV criminal procedure)
State ex rel. Nicholson v. Boles, 148 W.Va. 229 (1964) (strict conformity to statute in sentencing judgments)
State ex rel. Powers v. Boles, 149 W.Va. 6 (1964) (punishment penalties must align with statutory limits)
State v. Adkins, 223 W.Va. 838 (2009) (discovery prejudice analysis under Rule 16)
State v. Haverty, 165 W.Va. 164 (1980) (informant identity disclosure depends on defense awareness)
State v. Walls, 170 W.Va. 419 (1982) (informant testimony disclosure considerations)
State v. Morris v. Mohn, 165 W.Va. 145 (1980) (plea validity when bargain yields illegal sentence)
Gessler v. Mazzone, 212 W.Va. 368 (2002) (plea agreement cannot fulfill an illegal sentence; vacate)
State ex rel. Spencer v. Whyte, 167 W.Va. 772 (1981) (legislature defines crimes and punishments; courts cannot exceed statutory penalties)
State v. Grimm, 165 W.Va. 547 (1980) (discovery prejudice framework for non-disclosure)