[Download] "State v. Easton" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: State v. Easton
- Author : Supreme Court of Wyoming
- Release Date : January 07, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Defendants below, George A. Easton and Kevin True, appeal from sentencing orders entered September 11, 1997, by the Circuit Court of Hampshire County. Both defendants previously had been convicted of the felony offense of the willful creation, by a custodian, of an emergency situation for an incapacitated adult and misdemeanor battery, which crimes were committed when the defendants were called upon to restrain a patient residing in a personal care home where they were employed. As a result of these convictions, the circuit court sentenced each defendant to a term of confinement of not less than two years nor more than ten years in the West Virginia State Penitentiary for their felony offense and a term of one year in the Hampshire County Jail for their misdemeanor crime, to be served concurrently with the indeterminate term for the felony offense. Upon a review of the parties arguments on appeal, the record established in this case, and the pertinent authorities, we affirm the decision of the Circuit Court of Hampshire County. In rendering this decision, we find the penal statute under which defendants Easton and True were convicted of willfully creating an emergency situation for an incapacitated adult, former W. Va. Code Γ§ 9-6-15(b) (1984) (Repl. Vol. 1990), to be constitutional. We also determine that the circuit court did not err in upholding the defendants convictions or imposing sentences thereon as the record evidence sufficiently supported their convictions; that their sentences, which were imposed in accordance with a repealed penal statute, were authorized by law; and that their multiple convictions did not violate double jeopardy considerations.