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STATE v. ROY

No. 22695.

460 S.E.2d 277 (1995)

194 W.Va. 276

STATE of West Virginia, Plaintiff Below, Appellee, v. James A. ROY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Joanna Bowles, Asst. Atty. Gen., Charleston, for appellee.

Dwight R. Hall, Sims & Hall, Elkins, for appellant.

CLECKLEY, Justice:

On July 13, 1994, James A. Roy, the defendant below and appellant herein, was convicted of one count of third degree sexual assault following a jury trial in the Circuit Court of Randolph County.1 He was sentenced to serve one to five years. The defendant appeals the September 21, 1994, order of the trial court which denied his motion for

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