State of West Virginia v. Edward C. Frazier

Summary

The Supreme Court of Appeals of West Virginia affirmed Edward C. Frazier’s sentence for possession with intent to deliver a Schedule III controlled substance. The court held that the sentence was within statutory limits and that the circuit court acted within its discretion in denying credit for 538 days spent on home incarceration as a condition of bail. The court also rejected Frazier’s challenge based on the differing sentence imposed on his codefendant.

Holdings

1. West Virginia Code § 62-11B-11(b) gives the circuit court discretion to grant credit for time spent on home incarceration as a condition of bail when the defendant complied with bail terms; the credit is not mandatory.
2. A sentence within the statutory limits and not based on an impermissible factor is not subject to appellate review.
3. Disparate sentences for codefendants are not per se unconstitutional, and the circuit court did not abuse its discretion by denying Frazier credit after identifying relevant differences between him and his codefendant.

Questions Presented

1. Whether the circuit court abused its discretion by denying credit for 538 days spent on home incarceration as a condition of bail.
2. Whether the one-to-five-year sentence and $10,000 fine were subject to appellate review when they fell within the statutory limits.
3. Whether denying Frazier home-incarceration credit while granting such credit to his codefendant rendered the sentence unconstitutional or otherwise constituted an abuse of discretion.

Disposition

affirmed