State of West Virginia v. Amy Jo Malcomb

Summary

The Supreme Court of Appeals of West Virginia affirmed the Circuit Court of Upshur County’s denial of probation and imposition of an indeterminate sentence of one to five years for possession with intent to deliver methamphetamine. The court held that the sentencing court did not abuse its discretion by considering the petitioner’s criminal history, nonpayment of prior fines and court costs, substance abuse, lack of employment, and bond violations.

Holdings

1. The circuit court did not abuse its discretion in denying probation and imposing a one-to-five-year sentence because the sentence was within the statutory limits and was supported by permissible sentencing considerations, including Malcomb's criminal history, substance abuse, lack of employment, and noncompliance with court orders.
2. The circuit court did not commit reversible error by considering Malcomb's nonpayment of prior fines and court costs as part of her history of noncompliance with court orders, because the record showed that the court relied on a variety of permissible factors and did not sentence her solely on the basis of indigence or socioeconomic status.
3. Malcomb failed to preserve an objection to the circuit court's consideration of her nonpayment of fines and court costs because she did not object during the sentencing hearing.

Questions Presented

1. Whether the circuit court abused its discretion by denying probation despite the State's recommendation under the plea agreement.
2. Whether the circuit court impermissibly considered Malcomb's nonpayment of prior fines and court costs as a sentencing factor.
3. Whether Malcomb preserved an objection to the sentencing court's consideration of her nonpayment of fines and court costs.

Disposition

affirmed