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STATE v. RICHARDS

No. 26349.

526 S.E.2d 539 (1999)

206 W.Va. 573

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael Von RICHARDS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1999.

Concurring Opinion of Chief Justice Starcher January 6, 2000.

Attorney(s) appearing for the Case

George J. Cosenza, Esq., William O. Merriman, Esq., Cosenza, Underwood & Merriman, Parkersburg, West Virginia, Attorneys for Appellant.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, West Virginia, Attorneys for Appellee.

McGRAW, Justice:

This case involves a determination of whether West Virginia's Youthful Offender Act (the "Act"), W. Va.Code §§ 25-4-1 to -12, permits a trial court to increase a defendant's original sentence upon the revocation of probation. Valid policy arguments favoring flexibility in this area notwithstanding, we conclude that the Act expressly forecloses such action.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Michael Richards...

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