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STATE v. RUTHERFORD

No. 33828.

672 S.E.2d 137 (2008)

STATE of West Virginia, Plaintiff Below, Appellee, v. Earl Monty RUTHERFORD, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: December 2, 2008.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Barbara H. Allen, Esq., Managing Deputy Attorney General, Charleston, for the State.

Mark P. Chaksupa, Esq., Douglas V. Reynolds, Esq., Reynolds & Associates, Huntington, for Earl Monty Rutherford.

MAYNARD, Chief Justice.1

The appellant and defendant below, Earl Monty Rutherford, appeals his sentence for delivery of crack cocaine which was enhanced pursuant to W.Va.Code § 60A-4-408 (1971), on the basis that the appellant has a prior drug conviction. The appellant argues that although W.Va.Code § 60A-4-408 meets federal constitutional standards, the statute denies him due process under the West Virginia Constitution. After...

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