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STATE v. LONGERBEAM

No. 35472.

703 S.E.2d 307 (2010)

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

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Dissenting Opinion of Justice Benjamin November 19, 2010.

Dissenting Opinion of Justice Workman November 22, 2010.

Attorney(s) appearing for the Case

John P. Adams , Joel Weinstein , Public Defender Corporation, Martinsburg, West Virginia, for the Appellant.

Brandon C.H. Sims , Stephanie F. Grove , Prosecuting Attorney's Office, Charles Town, West Virginia, for the Appellee.

PER CURIAM:

Appellant Donald L. Longerbeam seeks a reversal of his conviction on one count of sexual abuse by a parent, guardian, custodian, or person in a position of trust with regard to a child.1 As grounds for the reversal, Appellant maintains that he does not meet the definition of any of the specified classes of individuals that West Virginia Code § 61-8D-5(a) (2005) is directed at and he further argues that the alleged victim...

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