State v. Redman

In State v. Redman, 213 W. Va. 175, 578 S.E.2d 369 (2003) (per curiam) the Court upheld Rule 35(b), W.Va. R. Crim. P probation denial by a defendant convicted of burglary and grand larceny who used drugs while on probation. The Court found that the circuit court did not abuse its discretion in denying the Rule 35(b) motion based upon the defendant's drug use as such use showed a disregard for the law.