The main issue in this original habeas corpus proceeding is the use of a third offense shoplifting conviction, a statutory felony, as a prior felony under W. Va.Code 61-11-18, our habitual criminal offender statute, to impose a five-year recidivist sentence. Because felonies resulting from enhancement sentencing for misdemeanors are within the scope of W. Va.Code 61-11-18 (see State v. Williams,
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STATE EX REL. CHADWELL v. DUNCIL
No. 23280.
474 S.E.2d 573 (1996)
196 W.Va. 643
STATE of West Virginia ex rel. Kenneth Lester CHADWELL, Petitioner, v. William C. DUNCIL, Warden, Huttonsville Correctional Center, Respondent.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted June 25, 1996.
Decided July 3, 1996.
Attorney(s) appearing for the Case
Darrell V. McGraw, Jr., Attorney General, Scott E. Johnson, Assistant Attorney General, Charleston, for Respondent.
Supreme Court of Appeals of West Virginia.
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