State of West Virginia v. Barnes

Summary

The Supreme Court of Appeals of West Virginia affirmed Isaiah Barnes's one-to-ten-year sentence for grand larceny. The court held that the sentence was within statutory limits, that consecutive sentencing was permissible, and that the circuit court did not err in denying a referral to a drug treatment program.

Holdings

1. The sentence was within the applicable statutory limits, was not based on an impermissible factor, and therefore was not subject to appellate review. In addition, the circuit court did not err by ordering the sentence to run consecutively to the Marshall County sentence.
2. The circuit court did not err in denying Barnes's request for referral to the G.O.A.L.S. program because there was no statutory authority providing a vehicle for the requested referral in this case.

Questions Presented

1. Whether the circuit court abused its discretion by ordering Barnes's one-to-ten-year sentence to run consecutively to his unrelated Marshall County sentence.
2. Whether the circuit court erred by denying Barnes's request for referral to the G.O.A.L.S. drug treatment program.

Disposition

affirmed