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
- 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.
- 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
- 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.
Court Document
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