State of West Virginia, Plaintiff Below, Appellee v. William Georgius, Iii, Defendant Below, Appellant

Summary

The Court affirmed the denial of Georgius's Rule 35(b) motion seeking reconsideration of his fifteen-to-thirty-five-year sentence for first-degree sexual assault. It held that the sentence was within statutory limits, was not based on an impermissible factor, and that the circuit court did not abuse its discretion in refusing to reduce it or provide probation or youthful-offender treatment. The Court also rejected the argument that the prior youthful-offender decision established new mandatory sentencing standards. Chief Justice Davis, dissenting, would have remanded for reconsideration of youthful-offender treatment under more detailed guidelines.