State of West Virginia v. Joseph Stephens

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, Plaintiff Below, Respondent vs.) No. 22-0355 (Berkeley County CC-02-2018-F-149 and CC-02-2021-F-220) Joseph Stephens, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner Joseph Stephens appeals the Circuit Court of Berkeley County’s April 7, 2022, sentencing order following his convictions for two counts of second-degree sexual assault and five counts of battery. 1 Petitioner argues, first, that the jury should have been instructed on first-degree sexual abuse as a lesser included offense of second-degree sexual…