2017-09-13 / Police & Safety

Court upholds sex offender sentence

The Supreme Court of Appeals of West Virginia has rejected an appeal of a 2016 criminal sentence by a Morgan County man.

The court, on September 5, issued a memorandum decision upholding a sentence handed down by Circuit Court Judge Christopher Wilkes in the case against Richard H. Corbin II.

Corbin’s attorney appealed a 1-to-5 year jail sentenced for failure to update information on the West Virginia State Police’s sex offender registry.

Corbin pled no contest to the charge in April 2016 in Morgan County Circuit Court. In June, he was sentenced to 1-to-5 years in prison. His sentence was suspended for five years probation.

Corbin appealed that sentence, claiming the court should have suppressed a State Trooper’s evidence that led to the criminal charge.

The trooper had approached a Dodge Durango in 2014 after seeing it stop in two separate driveways in Morgan County. He told the court he thought the actions were consistent with someone casing houses for burglary. After talking with the female driver, the trooper determined the Durango was on record as being used by Corbin, a registered sex offender. The trooper then found the license registration didn’t match a license number on record with the Sex Offender Registry. Corbin was later indicted on the charge of failing to keep that information up to date with the state.

Corbin later argued he didn’t drive the vehicle because he did not have a valid driver’s license at the time of his indictment, and therefore didn’t need to update the vehicle information on his registry.

The Supreme Court upheld Corbin’s sentence, saying they found no error in the judge’s decision to move ahead with the indictment and issue a sentence in the case.

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