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State of West Virginia v. Derek Allen Byrd
Citation: Not availableDocket: 16-0422
Court: West Virginia Supreme Court; May 22, 2017; West Virginia; State Supreme Court
Original Court Document: View Document
Derek Allen Byrd appeals the Circuit Court of Cabell County’s March 1, 2016 order, which sentenced him to consecutive terms of twenty years for three counts of first-degree robbery and ten years for one count of retaliation against a public official. Byrd, represented by counsel Abraham J. Saad, contends the circuit court erred by denying his motion to withdraw his guilty plea. The State of West Virginia, represented by counsel Gordon L. Mowen, II, responded to the appeal. In May 2014, Byrd and a co-defendant used a firearm to rob a Speedway gas station in Huntington, West Virginia. In September 2014, Byrd threatened Judge Alfred E. Ferguson in a letter. He was indicted on multiple felony counts, including three counts of first-degree robbery and three counts of retaliation against a public official. After plea negotiations, Byrd pled guilty to three counts of first-degree robbery and one count of retaliation in April 2015, with the understanding that other charges would be dismissed and a recommendation for fifteen-year sentences would be made, although sentencing was ultimately at the court's discretion. On the sentencing date, the circuit court imposed a total of seventy years of incarceration, which Byrd later contested by filing a motion to withdraw his guilty plea in January 2016, arguing for a sentence aligned with the State’s recommendation. The court denied this motion after a hearing on February 26, 2016. The Supreme Court of Appeals of West Virginia reviewed the case under a deferential abuse of discretion standard for sentencing orders. The review of Byrd’s motion to withdraw his guilty plea was guided by Rule 32(e) of the West Virginia Rules of Criminal Procedure, which allows withdrawal only on direct appeal or through a petition post-sentencing, and only if the trial court abused its discretion. Byrd's sole assignment of error is the denial of his motion to withdraw his guilty plea. The Court found no substantial question of law or prejudicial error, affirming the circuit court's order. Petitioner contends that his sixty-year sentence for three counts of first-degree robbery is unjust, arguing that the respondent recommended a maximum of forty-five years, which the circuit court should have respected. However, the court found no error in its order. A distinction exists between a defendant seeking to withdraw a guilty plea before sentencing versus after, with the latter only granted to prevent manifest injustice. In this case, petitioner sought to withdraw his plea nine months post-sentencing, claiming it was a tactical mistake without alleging involuntariness or unconstitutionality. Since his sentence falls within statutory limits and is not based on impermissible factors, it is not subject to appellate review. Furthermore, the court clarified that it is not bound to follow the state's sentencing recommendation in plea agreements. Therefore, the circuit court's decision was affirmed, with no errors identified. The order was issued on May 22, 2017, and affirmed by the justices listed.