State of West Virginia v. Tex B. Simmons

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Petitioner appeals the order of the Circuit Court of Morgan County, entered July 29, 2014, that resentenced him on one count of first degree sexual assault. Petitioner’s original sentence for that crime was found to be illegal because it was based on the wrong version of the relevant statute. Petitioner complains that the circuit court erred in failing to hold a full de novo sentencing hearing prior to resentencing him.