Drug Defendant's Appeal Denied

Mary Ann Hamrick

On Monday, May 23, 2016, the West Virginia Supreme Court of Appeals denied Mary Ann Hamrick's appeal of her sentence on three drug related offenses.

In early 2015, Hamrick pled guilty to one count of  of possession of methamphetamine precursors and two counts of conspiracy.  In May, 2015, Judge Jack Alsop sentenced her to a combined sentence of a minimum of four years and a maximum of 20 years.  Hamrick appealed that sentence.

In a very short opinion, the high court stated that if a Judge sentences a person within the allowable sentencing guidelines, that sentence will not be disturbed on appeal unless it was based on impermissible factors.  Hamrick alleged that she had a limited criminal background which did not justify the sentence handed down by Judge Alsop.

The high court ruled that Hamrick "was sentenced within the applicable statutory guidelines and her sentence is not reviewable on appeal.  This is especially true in light of the fact that petitioner does not allege that the circuit court based its sentence on any impermissible factor," the Court concluded.

Click Here for Full Text of Court's Opinion