State v. Hosby, 220 W. Va. 560

Summary

The Supreme Court of Appeals of West Virginia affirmed the revocation of James K. Hosby's probation following his misdemeanor conviction for failure to pay child support. The court held that, regardless of whether his failure to pay the arrearage was contumacious, his admitted failures to report to his probation officer and comply with other probation conditions supported revocation under West Virginia Code § 62-12-10. The court also affirmed the order requiring him to serve the remainder of his one-year sentence.

Holdings

1. The circuit court did not abuse its discretion by revoking Hosby's probation because the record clearly established that he violated multiple probation conditions, including failing to report to his probation officer and failing to keep the officer informed of his circumstances.
2. The circuit court did not abuse its discretion by ordering Hosby to serve the remainder of his one-year jail sentence.

Questions Presented

1. Whether the circuit court abused its discretion by revoking probation based on Hosby's failures to report, make regular child-support and restitution payments, and report his employment status.
2. Whether the circuit court abused its discretion by ordering Hosby to serve the remainder of his suspended one-year sentence.

Disposition

affirmed