State of West Virginia v. Kenneth Seen

WORKMAN, Chief Justice:

This is an appeal by Kenneth Seen (hereinafter “petitioner”) from a judgment of the Circuit Court of Roane County in which the lower court found the petitioner guilty of battery, found that the offense was sexually motivated, and ordered the petitioner to register as a sex offender. Upon thorough review of the appendix record, the arguments of the parties, and the applicable precedent, this Court affirms the battery conviction and reverses the finding that the offense was sexually motivated.

I, Factual and Procedural History

On August 31, 2012, Mr. John S., a patient 1 at…