Summary
The Supreme Court of Appeals of West Virginia affirmed Ronald Eugene Ward’s conviction for possession of a firearm by a prohibited person and his habitual-offender enhancement. The court held that West Virginia Code § 61-7-7(b)(2) permits an out-of-state felony controlled-substance conviction to serve as the predicate conviction, regardless of whether the underlying conduct would be classified as a felony in West Virginia. The court also rejected Ward’s equal-protection challenge.
Holdings
- The plain language of West Virginia Code § 61-7-7(b)(2) prohibits a person previously convicted in any jurisdiction of a felony controlled-substance offense from possessing a firearm in West Virginia. An out-of-state felony controlled-substance conviction may serve as the predicate felony regardless of whether the same offense would be classified as a felony in West Virginia.
- The statute's treatment of persons convicted of qualifying felony controlled-substance offenses in other jurisdictions does not violate equal protection. The classification is substantially related to the important governmental interests of preventing crime and protecting public safety.
- A nonjurisdictional issue generally will not be considered when raised for the first time on appeal, although the Court has discretion to address an unpreserved constitutional issue when it controls the resolution of the case.
Questions Presented
- Whether a prior out-of-state felony controlled-substance conviction may serve as the predicate felony for a prosecution under West Virginia Code § 61-7-7(b)(2) when the same offense would have been a misdemeanor under West Virginia law.
- Whether applying West Virginia Code § 61-7-7(b)(2) to out-of-state felony controlled-substance convictions violates equal protection because the classification of the prior offense depends on the law of the jurisdiction where it occurred.
- Whether the circuit court erred in denying Ward's motions to dismiss the indictment and for acquittal.
Disposition
affirmed
Cases Cited (22)
- State ex rel. City of Princeton v. Buckner, 180 W. Va. 457, 377 S.E.2d 139 (1988)(followed)
- Crockett v. Andrews, 153 W. Va. 714, 172 S.E.2d 384 (1970)(followed)
- Consumer Advocate Div. of Pub. Serv. Comm'n v. Pub. Serv. Comm'n, 182 W. Va. 152, 386 S.E.2d 650 (1989)(followed)
- Brooke B. v. Ray, 230 W. Va. 355, 738 S.E.2d 21 (2013)(followed)
- Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (1995)(followed)
- Justice v. Hedrick, 177 W. Va. 53, 350 S.E.2d 565 (1986)(distinguished)
- State v. Hulbert, 209 W. Va. 217, 544 S.E.2d 919 (2001)(distinguished)
- State ex rel. Conley v. Hill, 199 W. Va. 686, 487 S.E.2d 344 (1997)(overruled_on_other_grounds)
- Perito v. Cnty. of Brooke, 215 W. Va. 178, 597 S.E.2d 311 (2004)(followed)
- Dan's Carworld, LLC v. Serian, 223 W. Va. 478, 677 S.E.2d 914 (2009)(followed)
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Cited In (0)
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