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STATE v. SAYRE

No. 19214.

395 S.E.2d 799 (1990)

STATE of West Virginia v. Thomas Eugene SAYRE.

Supreme Court of Appeals of West Virginia.

July 24, 1990.

Attorney(s) appearing for the Case

T. Owen Wilkins, Sandyville, for Thomas Eugene Sayre.

Roger W. Tompkins, Atty. Gen., Richard M. Riffe, Sr. Asst. Atty. Gen., Charleston, for State.

BROTHERTON, Justice:

The appellant, Thomas Eugene Sayre, was found guilty of second-degree sexual assault and sentenced to confinement in the State penitentiary for an indeterminate sentence of not less than ten nor more than twenty years. The same act of sexual intercourse also resulted in Sayre being convicted of third-degree sexual assault, for which he received a sentence of not less than one nor more than five years in prison. Both sentences are to run concurrently...

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