State v. Haught, 218 W. Va. 462

Summary

The Supreme Court of Appeals of West Virginia affirmed Chesdon James Haught’s convictions for kidnapping and domestic battery and his sentence of life with mercy. The court held that West Virginia’s kidnapping statute did not violate Blakely v. Washington because judicial findings under the statute could reduce, rather than enhance, the sentence beyond the statutory maximum. A dissenting and concurring opinion argued that sentencing-related factual findings must be made by a jury, but concurred in affirmance because the issue was not properly preserved.

Holdings

1. West Virginia Code section 61-2-14a does not provide for enhancement of a defendant's sentence beyond the statutory maximum based on additional facts found by the trial judge, because the statute establishes life imprisonment with mercy as the maximum sentence available on the jury's findings and any additional judicial findings operate only to reduce the sentence.
2. Haught's life-with-mercy sentence did not violate his constitutional right to trial by jury as interpreted in Blakely, and the convictions and sentence were affirmed.

Questions Presented

1. Whether West Virginia Code section 61-2-14a violates the Sixth Amendment and due process under Blakely v. Washington by permitting a trial judge, rather than a jury, to make factual findings concerning bodily harm and other circumstances affecting the kidnapping sentence.
2. Whether the trial judge's finding that the victim suffered bodily harm impermissibly enhanced Haught's sentence beyond the statutory maximum.

Disposition

affirmed