State v. Gary A. (Signed Opinion)
Annotate this CaseAfter a jury trial, Defendant was found guilty of two counts of sexual assault in the first degree and two counts of sexual assault by a person in a position of trust. Defendant was sentenced to an effective term of thirty to ninety years in prison. The Supreme Court affirmed the convictions, holding (1) the circuit court did not abuse its discretion in admitting certain testimony under W. Va. R. Evid. 404(b); (2) the circuit court did not err in instructing the jury regarding Defendant’s absence from the courtroom during the child victim’s testimony; (3) the circuit court’s comment regarding the child victim as a witness was not an impermissible credibility determination; and (4) the evidence was sufficient to support the convictions.
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