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Justia Daily Opinion Summaries

Supreme Court of Appeals of West Virginia
June 2, 2020

Table of Contents

State v. Bleck

Criminal Law

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Supreme Court of Appeals of West Virginia Opinions

State v. Bleck

Docket: 18-0481

Opinion Date: June 1, 2020

Judge: Jenkins

Areas of Law: Criminal Law

The Supreme Court affirmed an order of the circuit court sentencing Defendant for one count of assault in the commission of a felony and one count of burglary, holding that Defendant waived his sole assignment of error on appeal. On appeal, Defendant argued that the circuit court erred during his sentencing hearing in considering a previously expunged charge in its decision to incarcerate him instead of placing him on probation. In response, the State argued that Defendant failed timely to object in the proceeding below. The Supreme Court agreed with the State, holding that that Defendant waived his assignment of error.

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