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STATE v. FARRIS

No. 33314.

656 S.E.2d 121 (2007)

STATE of West Virginia, Plaintiff Below, Appellee v. David FARRIS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.

Dissenting Opinion of Justice Benjamin December 20, 2007.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, for Appellee.

M. Timothy Koontz, Esq., Williamson, for Appellant.

PER CURIAM:

The appellant, David Farris, was indicted by the grand jury of Mingo County at the September 2005 term of court on two counts of sexual abuse by a guardian under W. Va. Code, 61-8D-5(a) [2005], and two counts of first degree sexual assault under W. Va. Code, 61-8B-3 [2000]. On September 22, 2005, the appellant plead not guilty to all charges in the indictment. Before the trial commenced the appellant filed an Omnibus Motion for discovery...

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