Wednesday, September 7, 2016

Drug Conviction & Sentence Upheld by WV Supreme Court

In a unanimous decision released on September 6, 2016, the West Virginia Supreme Court of Appeals upheld the conviction and sentence of April Dawn Hamrick (age 43) for conspiracy and manufacture of methamphetamine.

In January, 2015, Hamrick and several other of her co-defendants were caught "red-handed" by police in the manufacture of methamphetamine.  The high court said the evidence presented at her trial was sufficient to uphold her convictions.

At trial, a team of arresting police officers testified that they observed petitioner and her co-defendants manufacturing methamphetamine on the front porch of a co-defendant’s home. One of the officers testified that, during the police raid on the home, he witnessed petitioner and her co-defendants huddled together on the front porch and one of the codefendants was shaking a bottle containing the ingredients for manufacturing methamphetamine. Another officer testified that he witnessed petitioner holding a bag of coffee filters, which are commonly used for the purpose of manufacturing methamphetamine. The officers also testified that they recovered actual methamphetamine in the home and a list of other items commonly used in the manufacture of methamphetamine.

The high court also said that Hamrick's five to 25 year sentence was proper under the facts and because the time period was within the applicable sentencing guidelines.

The full opinion can be read at this link:

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