The West Virginia Supreme Court of Appeals affirmed the Circuit Court of Mingo County's decision to deny a sentence reconsideration motion filed by Jessie Davis, who was convicted nearly three decades ago of multiple counts of sexual assault involving a minor family member.

In a memorandum decision filed Jan. 13, 2025, the high court rejected Davis's appeal of the circuit court's April 25, 2023, order denying his Rule 35(b) motion for reconsideration of sentence. Davis had argued that the circuit court abused its discretion by denying his motion, citing evidence of his rehabilitation efforts and good behavior during his imprisonment.

The case stems from a February 1995 jury trial in Mingo County, where Davis was convicted of four counts of first-degree sexual assault and four counts of sexual abuse by a parent, guardian, or custodian. The convictions involved serious sexual offenses against a minor who was under Davis's care and custody.

The circuit court imposed a complex sentencing structure that resulted in an aggregate term of 35 to 85 years of imprisonment. Davis received sentences ranging from 15 to 35 years for the sexual assault counts and additional terms for the abuse charges, with some sentences running consecutively.

In his Rule 35(b) motion, Davis presented evidence of his rehabilitation efforts while incarcerated, including participation in educational and therapeutic programs. However, the circuit court determined that these factors were insufficient to warrant a reduction in his sentence given the serious nature of the offenses and their impact on the victim.

The Supreme Court's memorandum decision upheld the lower court's exercise of discretion, noting that sentence reconsideration motions require extraordinary circumstances to justify modification of a lawfully imposed sentence. The court found no abuse of discretion in the circuit court's denial of the motion.