West Virginia Code § 61-11-18

Punishment for second or third offense of felony
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(a) For purposes of this section, "qualifying offense" means any offense or an attempt or
conspiracy to commit any of the offenses in the following provisions of this code:
(1) §60A-4-401(a)(i) and §60A-4-401(a)(ii);
(2) §60A-4-406;
(3) §60A-4-409(b)(1) and §60A-4-409 (b)(2);
(4) §60A-4-411;
(5) §60A-4-414; t
(6) §60A-4-415;
(7) §60A-4-416(a);
(8) §61-2-1;
(9) §61-2-4; g
(10) §61-2-7;
(11) §61-2-9(a);
(12) §61-2-9a(d) and §61-2-9a(e);
(13) §61-2-9b;V
(14) §61-2-9c;
(15) §61-2-9d;
(16) §61-2-10;
(17) §61-2-10b(b) and §61-2-10b(c);
(18) Felony provisions of §61-2-10b(d);
(19) §61-2-12;
(20) Felony provisions of §61-2-13;
(21) §61-2-14;
(22) §61-2-14a(a) and §61-2-14a(d);
(23) §61-2-14c;
(24) §61-2-14d(a) and §61-2-14d(b);
(25) §61-2-14f;
(26) §61-2-14h(a), §61-2-14h(b), and §61-2-14h(c);
(27) §61-2-16a(a) and §61-2-16a(b);
(28) Felony provisions of §61-2-16a(c);
(29) §61-2-28(d);
(30) §61-2-29(d) and §61-2-29(e);
(31) §61-2-29a;
(32) §61-3-1; s
(33) §61-3-2; i
(34) §61-3-3;
(35) §61-3-4;
(36) §61-3-5;
(37) §61-3-6;
(38) §61-3-7;
(39W) §61-3-11;
(40) Felony violation of 61-3-12;
(41) §61-3-13(a);
(42) Felony violation of §61-3-18;
(43) Felony violation of §61-3-19;
(44) Felony violation of §61-3-20;
(45) Felony violation of §61-3-20a;
(46) Felony violation of §61-3-21;
(47) §61-3-22;
(48) Felony violation of §61-3-24;
(49) Felony violation of §61-3-24a;
(50) §61-3-27;
(51) §61-3-54;
(52) §61-3C-14b;
(53) §61-3E-5;
(54) Felony violation of §61-5-10;
(55) Felony violations of §61-5-17;
(56) §61-5-27; s
(57) §61-6-24; i
(58) Felony provisions of §61-7-7;
(59) §61-7-12;
(60) §61-7-15;
(61) §61-7-15a;
(62) §61-8-12;
(63W) §61-8-19(b);
(64) §61-8A-2;
(65) §61-8A-4;
(66) §61-8A-5;
(67) §61-8B-3;
(68) §61-8B-4;
(69) §61-8B-5;
(70) §61-8B-7;
(71) §61-8B-10;
(72) §61-8B-11b;
(73) §61-8C-2;
(74) §61-8C-3;
(75) §61-8C-3a;
(76) §61-8D-2;
(77) §61-8D-2a;
(78) §61-8D-3;
(79) §61-8D-3a;
(80) §61-8D-4; s
(81) §61-8D-4a; i
(82) §61-8D-5;
(83) §61-8D-6;
(84) §61-10-31;
(85) §61-11-8;
(86) §61-11-8a;
(87W) §61-14-2; and
(88) §17C-5-2(b), driving under the influence causing death.
(b) Except as provided by subsection (c) of this section, when any person is convicted of a
qualifying offense and is subject to imprisonment in a state correctional facility for the
qualifying offender and it is determined, as provided in §61-11-19 of this code, that the
person had been previously convicted in the United States of a crime punishable by
imprisonment in a state or federal correctional facility, the court shall, if the sentence to be
imposed is for a definite term of years, add five years to the time for which the person is or
would be otherwise sentenced. Whenever in that case the court imposes an indeterminate
sentence, the minimum term shall be twice the term of years otherwise provided for under
the sentence.
(c) Notwithstanding any provision of this code to the contrary, when any person is convicted
of first degree murder or second degree murder or a violation of §61-8B-3 of this code and it
is determined, as provided in §61-11-19 of this code, that the person had been previously
convicted in this state of first degree murder, second degree murder, or a violation of
§61-8B-3 of this code, or has been so convicted under any law of the United States or any
other state for an offense which has the same or substantially similar elements as any
offense described in this subsection, the person shall be punished by imprisonment in a state
correctional facility for life and is not eligible for parole. e
(d) When it is determined, as provided in §61-11-19 of this code, that thre person has been
twice previously convicted in the United States of a crime punishable by imprisonment in a
state or federal correctional facility which has the same or substantially similar elements as
a qualifying offense, the person shall be sentenced to imprisonment in a state correctional
facility for life: Provided, That prior convictions arising fromt the same transaction or series
of transactions shall be considered a single offense for purposes of this section: Provided,
however, That the most recent previous qualifying offense which would otherwise constitute
a qualifying offense for purposes of this subsection may not be considered if more than 20
years have elapsed between: (1) The release of the person from his or her term of
imprisonment or period of supervision resulting from the most recent qualifying offense or
the expiration of a period of supervised release resulting from the offense; and (2) the
conduct underlying the current charge.

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