State of W. Va. v. Norma Jean Saunders

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Norma Jean Saunders appeals her conviction upon conditional guilty plea of one count of a felony violation of the Solid Waste Management Act, W.Va. Code § 22-15-15(b)(4).   She operated a landfill and received a cease and desist order for various violations from the West Virginia Department of Environmental Protection.    Her conviction arises out of her failure to abide by the terms of the order.   She was sentenced to six months probation and ordered to pay a fine.  On appeal she argues that the indictment failed to allege an essential element of felony offense in that the indictment charged her with violating an enhancement statute that requires a prerequisite conviction before a felony can be imposed.   Additionally, she argues that the statute under which she was charged is vague and therefore unconstitutional.   The State responds, saying there is nothing unclear or uncertain, let alone unconstitutionally vague about the statute in question.   The State argues that by entering a plea of guilty, she admitted that the evidence was sufficient to support a felony conviction.   Arguing that statutory construction supports the conviction, the State asks this Court to affirm the sentence.