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STATE EX REL. MORGAN v. TRENT

Nos. 22886, 22847.

465 S.E.2d 257 (1995)

195 W.Va. 257

STATE of West Virginia ex rel. Robert E. MORGAN, Relator, v. George TRENT, Warden, Mt. Olive Correctional Center, Respondent. Larry F. DEAN, Petitioner Below, Appellant, v. William C. DUNCIL, Warden, Huttonsville Correctional Center, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 17, 1995.

Attorney(s) appearing for the Case

John Boothroyd, Assistant Public Defender, Charleston, for Relator.

Silas B. Taylor, Managing Deputy Attorney General, Charleston, for Respondent and Appellee.

D. Conrad Gall, Fairmont, for Appellant.

MILLER, Justice:1

These two cases are consolidated for purposes of appeal because they involve the same issue. Both relators2 were convicted under W.Va.Code, 61-8B-3(a) (1991), which provides, in relevant part, that "[a] person is guilty of sexual assault in the first degree when ... [s]uch person, being fourteen years old or more, engages in sexual intercourse or...

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