State v. White
In State v. White, 188 W.Va. 534, 425 S.E.2d 210 (1992) the Court was faced with a situation where the relevant penalty statute did not contain a minimum sentence nor was an indeterminate sentence involved.
However, the trial court had imposed and suspended a twelve-month sentence to a correctional facility before placing White on probation.
The Court concluded in White that, in order to give effect to West Virginia Code 62-12-9 (b)(4), the twelve-month sentence actually imposed by the court was an acceptable basis on which the statutorily prescribed one-third calculation could be made. Id. at 536, n. 3, 425 S.E.2d at 212, n. 3.