State of West Virginia v. Gary A.

Chief Justice Ketchum:

The Petitioner; Defendant below, Gary A.,1 appeals a March 10, 2016, jury verdict of the Circuit Court of Mingo County finding him guilty on two counts of sexual assault in the first degree and two counts of sexual assault by a person in a position of trust. On the facts presented in this case, we find the circuit court committed no reversible error. Therefore, we affirm his March 10, 2016, convictions.

I

FACTUAL AND PROCEDURAL BACKGROUND

The Defendant is accused of sexually assaulting L.M., his seven-year-old niece, in late summer 2012 while she and two of her brothers…