State of West Virginia v. Dean E. Gamble, Sr.

Summary

The Supreme Court of Appeals of West Virginia dismissed Dean E. Gamble, Sr.'s appeal as improvidently granted. The court held that the appeal from the denial of a West Virginia Rule of Criminal Procedure 35(b) motion could not be used to challenge the validity of Gamble's sentence or raise issues outside the Rule 35(b) ruling. The court concluded that Gamble had not timely perfected a direct appeal from the sentencing order.

Holdings

1. An appeal from an order denying a Rule 35(b) motion is limited to issues concerning the circuit court's decision on sentence reduction; Rule 35(b) cannot be used to challenge a conviction or the validity of the sentence originally imposed.
2. The circuit court's May 29, 2018 sentencing order was not properly before the court because no appeal from that order was timely perfected.

Questions Presented

1. Whether the Supreme Court of Appeals had jurisdiction to consider challenges to the validity of Gamble's sentence and other alleged errors in an appeal from the denial of a Rule 35(b) motion.
2. Whether Gamble's untimely amended notice of appeal could bring the circuit court's May 29, 2018 sentencing order before the Supreme Court of Appeals.

Disposition

dismissed