Correction or reduction of sentence

West Virginia Rules of Criminal Procedure

Rule: 35.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Crim. P. 35.

(a) Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence. (b) Reduction of sentence. - A motion to reduce a sentence may be made, or the court may reduce a sentence without motion within 120 days after the sentence is imposed or probation is revoked, or within 120 days after the entry of a mandate by the supreme court of appeals upon affirmance of a judgment of a conviction or probation revocation or the entry of an order by the supreme court of appeals dismissing or rejecting a petition for appeal of a judgment of a conviction or probation revocation. The court shall determine the motion within a reasonable time. Changing a sentence from a sentence of incarceration to a grant of probation shall constitute a permissible reduction of sentence under this subdivision. [Effective October 1, 1981; amended effective February 1, 1985; September 1, 1996.]

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