State of West Virginia v. Billy W.

Summary

The Supreme Court of Appeals of West Virginia affirmed Billy W.'s conviction for child abuse resulting in serious bodily injury and his sentence of two to ten years' incarceration. The court held that West Virginia Code § 62-12-26 requires a period of supervised release for felony violations of the Child Welfare Act, including the defendant's conviction under § 61-8D-3. The court also rejected challenges to the sufficiency and weight of the evidence and declined to review an unpreserved closing-argument issue for plain error.

Holdings

1. West Virginia Code § 62-12-26(a) applies to a defendant convicted of felony child abuse under West Virginia Code § 61-8D-3 because § 61-8D-3 is included within the statute's express reference to felony violations of article 8-D, chapter 61. The circuit court therefore properly imposed ten years of supervised release.
2. The evidence was sufficient to support the conviction for child abuse resulting in serious bodily injury, because, viewed in the light most favorable to the State, a rational jury could find the elements of the offense beyond a reasonable doubt.
3. The court declined to consider the challenge to the State's closing remarks because Billy failed to adequately argue that the remarks satisfied the requirements for plain error.

Questions Presented

1. Whether West Virginia Code § 62-12-26(a) requires ten years of supervised release for a defendant convicted of felony child abuse under West Virginia Code § 61-8D-3, even though the offense is not sexual in nature.
2. Whether the evidence was sufficient to support Billy W.'s conviction for child abuse resulting in serious bodily injury.
3. Whether the State's closing argument concerning intent constituted plain error warranting a new trial when defense counsel failed to object.

Disposition

affirmed