State v. Wilson, 226 W. Va. 529

Summary

The Supreme Court of Appeals of West Virginia considered whether the trial court erred by allowing two witnesses to testify despite their late disclosure and whether the defendant was properly sentenced under the recidivist statute. The court affirmed the conspiracy conviction, holding that the late disclosure did not prejudice the defendant. It reversed and remanded the recidivist sentence because the plea agreement provided for an illegal sentence under West Virginia Code § 61-11-18(a), while allowing the State to proceed on the recidivist charge.

Holdings

1. The circuit court did not abuse its discretion in allowing the State to call the late-disclosed witnesses because Wilson was not prejudiced: he knew or could readily determine the confidential informant's identity and knew the codefendant was a potential prosecution witness.
2. The five-year definite-term recidivist sentence was contrary to W. Va. Code § 61-11-18(a) because Wilson's underlying conspiracy sentence was indeterminate; the sentence was therefore void.
3. A guilty plea induced by a plea agreement that provides for an illegal sentence must be vacated, and the State may proceed on the recidivist charge after the plea and sentence are set aside.

Questions Presented

1. Whether the circuit court abused its discretion by allowing the State to call a codefendant and confidential informant whose names were disclosed shortly before trial.
2. Whether the circuit court lawfully imposed a five-year definite-term recidivist enhancement when the underlying conspiracy sentence was indeterminate.
3. Whether a guilty plea induced by a plea agreement providing for an illegal sentence may stand.

Disposition

reversed_and_remanded