West Virginia Code § 61-11-16

Term of imprisonment for felony; indeterminate sentence
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Every sentence to the penitentiary of a person convicted of a felony for which the maximum
penalty prescribed by law is less than life imprisonment, except offenses committed by
convicts in the penitentiary punishable under chapter sixty-two, article eight, section one of
the code, shall be a general sentence of imprisonment in the penitentiary. In imposing this
sentence, the judge may, however, designate a definite term, which designaetion may be
considered by the board of probation and parole as the opinion of the judge under the facts
and circumstances then appearing of the appropriate term recommendred by him to be
served by the person sentenced. Imprisonment under a general sentence shall not exceed
the maximum term prescribed by law for the crime for which the prisoner was convicted,
less such good time allowance as is provided by sections twenty-seven and twenty-seven-a,
article five, chapter twenty-eight of this code, in the case of tpersons sentenced for a definite
term. Every other sentence of imprisonment in the penitentiary shall be for a definite term
or for life, as the court may determine. The term of imprisonment in jail, where that
punishment is prescribed in the case of conviction for felony, shall be fixed by the court.

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