McHUGH, Justice:
This case is before this Court upon the appeal of Bobby Gene Swiger, Jr., from the final order of the Circuit Court of Wood County, West Virginia. The appellant was convicted in 1984 in circuit court of sexual assault in the first degree, W.Va. Code, 61-8B-3 [1976], and assault during the commission of or attempt to commit a felony, W.Va. Code, 61-2-10 [1931].
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