State of West Virginia v. Lamere S. Troup

Summary

The Supreme Court of Appeals of West Virginia affirmed Lamere S. Troup's convictions and sentences following guilty pleas to first-degree robbery and malicious assault. The court rejected his challenges that the sentences were unconstitutionally disproportionate to the offenses and disparate from those imposed on his female co-defendants. The court held that the sentence did not shock the conscience and that Troup was not similarly situated to those co-defendants.

Holdings

1. Troup's sentence did not shock the conscience and therefore was not unconstitutionally disproportionate under the subjective proportionality test.
2. Troup's sentence was not unconstitutionally disproportionate under the objective proportionality test.
3. Troup was not similarly situated to the female codefendants, and the disparity between their sentences did not render his sentence unconstitutional.
4. The circuit court did not abuse its discretion or commit prejudicial error in imposing the consecutive sentences.

Questions Presented

1. Whether Troup's consecutive sentence of thirty-six years for first-degree robbery and two to ten years for malicious assault was unconstitutionally disproportionate to the offenses.
2. Whether Troup's sentence was unconstitutionally disproportionate to the sentences imposed on his codefendants.

Disposition

affirmed