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STATE v. SEARS

No. 23049.

468 S.E.2d 324 (1996)

196 W.Va. 71

STATE of West Virginia, Plaintiff Below, Appellee. v. Frederick SEARS, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 14, 1996.

Attorney(s) appearing for the Case

Deborah L. McHenry, Managing Deputy Attorney General, Charleston, for Appellee.

Gail W. Kahle, Dickie, McCamey & Chilcote, Wheeling, for Appellant.

CLECKLEY, Justice:

The defendant below and appellant herein, Frederick Sears, Jr., was sentenced following a guilty plea to wanton endangerment involving a firearm. He now appeals the sentence entered against him. The defendant asserts the circuit court violated double jeopardy principles by applying the parole eligibility requirements of W.Va.Code, 62-12-13(a)(1)(A) (1988), when sentencing under the wanton endangerment...

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