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STATE v. STEPHENS

No. 25893.

525 S.E.2d 301 (1999)

206 W.Va. 420

STATE of West Virginia, Plaintiff below, Appellee, v. James Robert STEPHENS, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1999.

Dissenting Opinion of Justice Maynard December 15, 1999.

Attorney(s) appearing for the Case

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

Harry E. Stollings, Esq., Summersville, West Virginia, Attorney for Appellant.

STARCHER, Chief Justice:

In the instant case, the appellant, James Stephens, was convicted by a jury on two charges: first degree sexual assault, W.Va. Code, 61-8B-3 [1991], and sexual abuse by a custodian, W.Va.Code, 61-8D-5 [1998].1

The appellant assigns several errors in his appeal; in light of our resolution of the instant case, we address only two of the assigned errors. We find that a babysitter may be a custodian...

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