West Virginia Supreme Court· 6/22/1983

State v. Cooper

Citations

304 S.E.2d 851
172 W. Va. 266
1983 W. Va. LEXIS 545

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

overturning defendant’s forty-year sentence due to defendant’s young age, fact this was his first offense, and that probation officer recommended minimum sentence
forty-five year sentence violated proportionality principles because it was disproportionate to the crime where no weapon was used, the victim was not seriously injured, and only prior conviction was for public intoxication
“It would seem that a ten-year sentence [recommended by the probation officer] would be appropriate; however, we remand to the trial comí; for resentencing according to his best judgment, consistent with this opinion.”
punishment so disproportionate it “shocks the conscience of the court and society”
reversing aggravated robbery sentence although violence was used
reversing aggravated robbery sentence although violence was used

Source: CourtListener parenthetical corpus (CC0).

Judges: Harshbarger

Read full opinion on CourtListener

Cited by

122 cases in this archive cite this case; the 20 most cited are listed.

Cites

60 cases in this archive are cited by this case; the 20 most cited are listed.

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