State of West Virginia v. Terry Lee Hughes

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Terry Lee Hughes's motion to reduce his sentence under West Virginia Rule of Criminal Procedure 35(b). The court held that the motion was untimely because it was filed 147 days after the sentence was pronounced, exceeding the rule's 120-day filing period. A dissent argued that retroactive application of State v. Keefer was inequitable and raised constitutional concerns.

Holdings

1. A sentence is imposed for purposes of West Virginia Rule of Criminal Procedure 35(b) when it is verbally pronounced at the sentencing hearing; therefore, a Rule 35(b) motion must be filed within 120 days after that pronouncement. Because Hughes filed his motion 147 days after the oral pronouncement, the circuit court lacked jurisdiction to consider it.
2. Even if Hughes's motion had been timely, the circuit court did not abuse its discretion by declining to hold a hearing on the motion.
3. The circuit court's finding that the forty-year sentence was appropriate because of the seriousness of the crime was sufficient to support denial of the Rule 35(b) motion.

Questions Presented

1. Whether Hughes's Rule 35(b) motion to reduce his sentence was timely when filed 147 days after the sentence was orally pronounced but within 120 days of entry of the written sentencing order.
2. Whether the circuit court abused its discretion by denying the Rule 35(b) motion without holding a hearing.
3. Whether the circuit court's finding that the forty-year sentence was appropriate because of the seriousness of the crime sufficiently supported denial of the motion.

Disposition

affirmed