State of West Virginia v. Jackie S.

No. 15-0985 (W. Va. Jan. 9, 2017) (memorandum decision) · Supreme Court of Appeals of West Virginia · January 9, 2017 · No. No. 15-0985

Summary

The Supreme Court of Appeals of West Virginia affirmed the Preston County Circuit Court’s sentence of ten to twenty years’ imprisonment for sexual abuse by a parent. The court held that the petitioner knowingly, intelligently, and voluntarily entered an Alford plea after a thorough plea colloquy, despite his reported blood-sugar-related difficulty understanding the proceedings.

Holdings

  1. A direct appeal from a criminal conviction based on a guilty plea lies when the appellant raises an issue concerning the voluntariness of the guilty plea or the legality of the sentence.
  2. Petitioner's Alford plea was knowingly, intelligently, and voluntarily entered because the circuit court conducted a thorough plea colloquy satisfying the applicable requirements and the record did not show that petitioner's medical condition prevented understanding or voluntariness.

Questions Presented

  1. Whether petitioner knowingly, intelligently, and voluntarily entered his Alford plea and plea agreement despite reporting a medical issue that allegedly affected his comprehension.

Disposition

affirmed

Cases Cited (9)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
  • State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970)(followed)
  • State v. Sims, 162 W. Va. 212, 248 S.E.2d 834 (1978)(followed)
  • Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (1995)(followed)
  • Call v. McKenzie, 159 W. Va. 191, 220 S.E.2d 665 (1975)(followed)
  • Kennedy v. Frazier, 178 W. Va. 10, 357 S.E.2d 43 (1987)(followed)

Cited In (0)

No citing cases on record yet.

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