State v. Stephens

STARCHER, Chief Justice:

In the instant case, the appellant, James Stephens, was convicted by a jury on two charges: first degree sexual assault, W.Va. Code, 61-8B-3 [1991], and sexual abuse by a custodian, W.Va.Code, 61-8D-5 [1998].1

The appellant assigns several errors in his appeal; in light of our resolution of the instant case, we address only two of the assigned errors. We find that a babysitter, may be a custodian under W.Va.Code, 61-8D-5 [1998]. We also find that the circuit court’s failure to grant a mistrial, because of the prosecutor’s argument to the jury that the appellant’s…