State of West Virginia v. Larry A. H.

This is an appeal by Larry A.H. (“Mr. EL”) 1 from an order of the Circuit Court of Mercer County resentencing him 2 after his convictions for felony and misdemeanor sexual offenses. 3 Mr. H. contends the trial court committed error by (1) allowing the indictment to be amended; (2) allowing the State to call a witness that was not named on the witness list; and (3) allowing the State to recall a witness. After a careful review of the briefs, the record submitted on appeal, and listening to the arguments of the parties, we affirm. 4

I

FACTUAL AND PROCEDURAL BACKGROUND

On October 16, 2003, a Mercer…