State v. Dellinger

The defendant, Chester M. Dellinger, Jr., was convicted by a jury in the Circuit Court of Wood County of first degree sexual assault. Following the circuit court’s denial of his motion to set aside the verdict and award a new trial, he was sentenced to ten years in the penitentiary. After serving three years of that sentence, defendant was returned to the Circuit Court of Wood County where his previous sentence was set aside as being erroneous and he was resentenced to an indeterminate term of from ten to twenty years in the penitentiary.

In an indictment returned in July, 1977, the defendant…