State v. England

In State v. England, 180 W. Va. 342, 356, 376 S.E.2d 548, 562 (1988), the Court examined a defendant's life sentence for aggravated robbery. 180 W.Va. at 346, 376 S.E.2d at 552. The defendant had entered a gas station and demanded the station's money bag. When the clerk informed the defendant that the money had already been deposited that evening, the defendant shot at the highway in disgust. The clerk then provided a money bag containing approximately $ 230.00. The defendant then fired another shot into the booth inside the station and requested more money. Upon learning that there was no more money, the defendant fired a third shot into a telephone. Upon review, the Court concluded that the defendant's life sentence was not disproportionate, based upon the violent nature of the crime and the defendant's prior criminal record, including a conviction for grand larceny. Id. at 356, 376 S.E.2d at 562.