STATE v. CALLOWAY

No. 26204.

528 S.E.2d 490 (1999)

207 W.Va. 43

STATE of West Virginia, Plaintiff Below, Appellee, v. Ronald Lynn CALLOWAY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1999.

Concurring Opinion of Chief Justice Starcher January 6, 2000.


Attorney(s) appearing for the Case

Ira Mickenberg, Esq., George Castelle, Esq., Charleston, West Virginia, Attorneys for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Charleston, West Virginia, Attorneys for Appellee.


McGRAW, Justice:

Defendant Ronald Calloway was convicted in August 1998 on six counts of second-degree sexual assault, W. Va.Code § 61-8B-4 (1991), and one count of daytime entering without breaking, W. Va.Code § 61-3-11(b) (1993), in connection with an episode where he forced his way into a woman's home, severely beat her when she attempted to escape, and forced her to engage in repeated acts of oral sex.

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