State v. Brewster

Summary

The West Virginia Supreme Court of Appeals affirmed Hallie Brewster’s sentence of fifteen to thirty-five years for first-degree sexual assault. The court held that the circuit court provided a sufficient opportunity for allocution and did not abuse its discretion by declining to sentence Brewster under the Young Adult Offenders Act.

Holdings

1. The circuit court satisfied Rule 32(c)(3)(C) by giving Brewster and his counsel an opportunity to address the court before sentencing. Because Brewster did not respond to the court's inquiry and counsel addressed the court on his behalf, the court did not deny his right of allocution.
2. The circuit court did not abuse its discretion by declining to sentence Brewster under the Young Adult Offenders Act.

Questions Presented

1. Whether the circuit court denied Brewster his right of allocution by allowing counsel to speak on his behalf after asking Brewster and counsel whether they had anything to say concerning the sentence, when Brewster did not personally respond.
2. Whether the circuit court abused its discretion by declining to sentence Brewster under the Young Adult Offenders Act.

Disposition

affirmed