State ex rel. Harless v. Bordenkircher

In State ex rel. Harless v. Bordenkircher, 173 W. Va. 384, 315 S.E.2d 643 (1984), decided under former Rule 32(c), the Court found no error in the trial judge's decision to dispense with a presentence report and rely on his own knowledge of the defendant's background in imposing sentence. The Court observed in Bordenkircher that "in cases . . . where the trial court is familiar with the defendant, it may be that the court has personal knowledge about much of the information that would be included in a presentence report and indeed, does not require a report as a sentencing aid." Id. at 386, 315 S.E.2d at 645.