State of West Virginia v. Tonya Alisa Ramsey

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s denial of probation or alternative sentencing and its sentence of one to four years’ incarceration following Tonya Ramsey’s guilty plea to obtaining a controlled substance by misrepresentation. The court held that the denial of probation was not a palpable abuse of discretion and that the sentence was within statutory limits and not based on an impermissible factor.

Holdings

1. The circuit court did not palpably abuse its discretion by denying Ramsey probation or alternative sentencing.
2. Ramsey's sentence was not subject to appellate review because it was within the applicable statutory limits and was not based on an impermissible factor.

Questions Presented

1. Whether the circuit court abused its discretion by denying Ramsey probation or alternative sentencing.
2. Whether Ramsey's one-to-four-year sentence was subject to appellate review when it was within the statutory limits and was not based on an impermissible factor.

Disposition

affirmed