habeas corpus discharging petitioner with directions to trial court to permit a guilty plea to third degree arson for consideration by trial court). Accordingly, we reverse the lower court’s decision and remand this ease solely for the purpose of conducting a new sentencing hearing, wherein the lower court will consider the State’s recommendation of a ten-year sentence in exchange for the Appellant’s conviction of one count of aggravated robbery, prior to resentencing the Appellant. We recognize that once the State has made its recommendation of a ten-year sentence, the trial court is not bound by that recommendation as sentencing under the aggravated robbery statute is within the sound discretion of the trial court. See State v. Phillips, 199 W.Va. 507, 514, 485 S.E.2d 676, 683 (1997) (<HOLDING>); Syl. Pt. 4, State v. Goodnight, 169 W.Va.
holding that if the legislature has granted the agency discretion over a particular matter then we review the agencys action pursuant to the deferential abuse of discretion standard  bearing in mind that the legislature determines the boundaries of that discretion recognizing that the legislature has provided circuit courts with broad openended discretion in sentencing individuals for the offenses of aggravated robbery holding that district courts discretion is extremely broad recognizing the courts discretion to find aggravated circumstances recognizing that congress has the power to completely divest the courts of their sentencing discretion and that congress granted broad authority to the sentencing commission guided by specific goals and principles