State v. Wears

The instant action is before this Court upon the appeal of Joshua C. Wears [hereinafter “Appellant”] from a December 28, 2006, sentencing order sentencing him to not less than one nor more than five years in the State penitentiary, with credit for two hundred sixteen (216) days time served upon a conditional guilty plea to one count of Third Degree Sexual Assault. Herein, the Appellant alleges that he is entitled to additional days of credit for time served. Additionally, he alleges that the circuit court’s decision excluding evidence of prior sexual conduct by the victim under West…