§ 50-5-9 — Verdict and sentence

West Virginia § 50-5-9

• Jurisdiction: West Virginia
• Ch. 50: MAGISTRATE COURTS
• Art. 5: TRIALS, HEARINGS AND APPEALS

Text

(a) In every criminal case in which the defendant is in custody, a magistrate shall render a finding of guilty or not guilty immediately upon the conclusion of the trial or hearing. In all other proceedings, a magistrate shall render a finding of guilty or not guilty no later than the next succeeding day after the conclusion of the trial or hearing, excluding Saturdays, Sundays and legal holidays.

(b)(1) Sentence shall be imposed in open court within sixty days from the date of the finding of guilt except where sentence is required to be imposed within a lesser period under the provisions of subdivision (2) of this subsection.

(2) Sentence shall be imposed in open court upon a defendant in custody on or before the date of the expiration of the time equivalent to the maximum sentence that may be imposed for the offense. In determining the date, the magistrate shall include in the computation any credit to which the defendant is entitled for the time of confinement spent by the defendant in jail awaiting trial and sentencing.

Legislative History

1997 Reg. Sess., HB2259; 1978 Reg. Sess., HB934; 1976 Reg. Sess., HB1087