State v. Jarvis, No. 23904
| Court | Supreme Court of West Virginia |
| Writing for the Court | WORKMAN |
| Citation | 199 W.Va. 635,487 S.E.2d 293 |
| Parties | STATE of West Virginia, Plaintiff Below, Appellee, v. Raymond JARVIS, Defendant Below, Appellant. |
| Docket Number | No. 23904 |
| Decision Date | 30 May 1997 |
Page 293
v.
Raymond JARVIS, Defendant Below, Appellant.
Decided May 30, 1997.
Syllabus by the Court
1. "A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interpreted by the courts but will be given full force and effect." Syl. Pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951).
2. An inmate who has been sentenced to the West Virginia State Penitentiary and performs work as a trustee at a county or regional jail while awaiting transfer cannot accumulate "good time" credit for the work performed pursuant to the provisions of West Virginia Code § 17-15-4 (1996).
3. The provisions of West Virginia Code § 28-5-27 (1992) solely govern the accumulation of "good time" for inmates sentenced to the West Virginia State Penitentiary.
Leslie K. Kiser, Senior Assistant Attorney General, Charleston, for Appellee.
Leonard Kaplan, Assistant Public Defender, Charleston, for Appellant.
WORKMAN, Chief Justice:
Raymond Jarvis appeals from the February 1, 1996, order of the Circuit Court of Nicholas County denying his motion for modification of sentence based on the alleged accumulation of good time credit for days worked as a trustee. This case presents the issue of whether West Virginia Code § 17-15-4 (1996), which concerns "good time" credit for work performed by inmates at county jails, applies to inmates sentenced to the penitentiary who are incarcerated in a county jail while awaiting transfer. After reviewing the applicable statutes, we conclude that it does not, and accordingly affirm the decision of the lower court.
Appellant was sentenced by order dated October 28, 1992, to two consecutive one-to-five year sentences for first degree sexual abuse. He was detained at the Central Regional
Page 294
[199 W.Va. 636] Jail from February 22, 1993, to August 11, 1994, while awaiting transfer to the Huttonsville Correctional Center. While at the jail, Appellant performed 195 days of work as a trustee. 1On November 28, 1995, Appellant filed a motion for modification of sentence with the circuit court through which he sought to have his sentence reduced based on the alleged accumulation of "good time" credit. The circuit court denied Appellant's motion, finding that:
West Virginia Code 17-15-4 only applies to persons sentenced to confinement at a regional jail. This defendant was not sentenced to confinement at the regional jail, but to confinement at the West Virginia State Penitentiary.
Appellant filed a habeas corpus petition with this Court on...
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Daily Gazette Co. v. DEVELOPMENT OFFICE, No. 25437.
...will be given full force and effect.' Syl. Pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951)." Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997). Accord Syl. pt. 5, in part, Walker v. West Virginia Ethics Comm'n, 201 W.Va. 108, 492 S.E.2d 167 (1997) ("Where the la......
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State v. McGilton, No. 11–0410.
...be given full force and effect.’ Syl. Pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951).” Syllabus Point 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997). 6. “A claim that double jeopardy has been violated based on multiple punishments imposed after a single trial is reso......
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DeVane v. Kennedy, No. 25206.
...be accepted without resorting to the rules of interpretation." (internal quotations and citations omitted)); Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997) (" `A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be in......
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In re Stephen Tyler R., No. 30654.
...to the rules of interpretation." Syl. pt. 2, State v. Elder, 152 W.Va. 571, 165 S.E.2d 108 (1968). Accord Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997) ("`A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interp......
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Daily Gazette Co. v. DEVELOPMENT OFFICE, No. 25437.
...will be given full force and effect.' Syl. Pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951)." Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997). Accord Syl. pt. 5, in part, Walker v. West Virginia Ethics Comm'n, 201 W.Va. 108, 492 S.E.2d 167 (1997) ("Where the la......
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State v. McGilton, No. 11–0410.
...be given full force and effect.’ Syl. Pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951).” Syllabus Point 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997). 6. “A claim that double jeopardy has been violated based on multiple punishments imposed after a single trial is reso......
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DeVane v. Kennedy, No. 25206.
...be accepted without resorting to the rules of interpretation." (internal quotations and citations omitted)); Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997) (" `A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be in......
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In re Stephen Tyler R., No. 30654.
...to the rules of interpretation." Syl. pt. 2, State v. Elder, 152 W.Va. 571, 165 S.E.2d 108 (1968). Accord Syl. pt. 1, State v. Jarvis, 199 W.Va. 635, 487 S.E.2d 293 (1997) ("`A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interp......