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STATE v. McINTOSH

No. 26849.

534 S.E.2d 757 (2000)

207 W.Va. 561

STATE of West Virginia, Plaintiff Below, Appellee, v. Donald McINTOSH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 12, 2000.

Dissenting Opinion of Justice Starcher July 13, 2000.

Attorney(s) appearing for the Case

Darrell V. McGraw, Attorney General, David P. Cleek, Senior Deputy Attorney General, Charleston, West Virginia, Attorneys for Plaintiff.

Raymond H. Yackel, Esquire, Oliver & Yackel, Franklin D. Cleckley, Morgantown, West Virginia, Attorneys for Defendant.

PER CURIAM:

This is an appeal by Donald McIntosh (hereinafter "Appellant") from an order of the Circuit Court of Monongalia County convicting him of three counts of third degree sexual assault. The Appellant was sentenced to one to five years on each count, to run concurrently.1 The Appellant contends that the lower court erred by permitting the introduction of evidence of other bad acts, in...

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