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STATE v. McDANIEL

No. 28740.

560 S.E.2d 484 (2001)

211 W.Va. 9

The STATE of West Virginia, Plaintiff Below, Appellee, v. David E. McDANIEL, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 6, 2001.

Attorney(s) appearing for the Case

Scott Smith, Esq., Prosecuting Attorney, Stephen L. Vogrin, Esq., Assistant Prosecuting Attorney, Ohio County Prosecuting Attorney's Office, Wheeling, for Appellee.

Stephen D. Herndon, Esq., Heather S. Wood, Assistant Public Defender, Wheeling, for Appellant.

PER CURIAM.

The instant case is before this Court on an appeal from the Circuit Court of Ohio County. The appellant, David E. McDaniel, was charged with the felony offenses of sexual assault in the second degree, W.Va.Code, 61-8B-4 [1991] and burglary, W.Va.Code, 61-3-11 [1993]. A jury trial was held on February 2-3, 2000, and Mr. McDaniel was found guilty of the lesser included offense of sexual abuse in...

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