Summary
The Supreme Court of Appeals of West Virginia affirmed Ronald L. Adams’s 90-year sentence for aggravated robbery. The court held that the sentence was not unconstitutionally disproportionate, considering the seriousness and potential violence of aggravated robbery, Adams’s extensive prior felony record, the plea agreement, and comparable sentences. Justice Starcher filed a concurring opinion expressing that the sentence seemed lengthy but declining to second-guess the trial court.
Holdings
- The 90-year sentence was not disproportionate under the subjective and objective proportionality tests applied to West Virginia constitutional challenges.
- The circuit court did not abuse its discretion by denying Adams's Rule 35(b) motion for sentence reduction.
Questions Presented
- Whether Adams's 90-year sentence for aggravated robbery was unconstitutionally disproportionate to the offense.
- Whether the circuit court abused its discretion in denying Adams's Rule 35(b) motion to reduce the sentence.
Disposition
affirmed
Cases Cited (23)
- State v. Lucas, 201 W. Va. 271, 496 S.E.2d 221 (1997)(followed)
- State v. Head, 198 W. Va. 298, 480 S.E.2d 507 (1996)(followed)
- State v. Cooper, 172 W. Va. 266, 304 S.E.2d 851 (1983)(distinguished)
- State v. Williams, 205 W. Va. 552, 519 S.E.2d 835 (1999)(followed)
- State v. Phillips, 199 W. Va. 507, 485 S.E.2d 676 (1997)(followed)
- Wanstreet v. Bordenkircher, 166 W. Va. 523, 276 S.E.2d 205 (1981)(followed)
- State v. Ross, 184 W. Va. 579, 402 S.E.2d 248 (1990)(followed)
- State v. Glover, 177 W. Va. 650, 355 S.E.2d 631 (1987)(followed)
- State ex rel. Faircloth v. Catlett, 165 W. Va. 179, 267 S.E.2d 736 (1980)(followed)
- State v. Mann, 205 W. Va. 303, 518 S.E.2d 60 (1999)(followed)
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Cited In (0)
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Court Document
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