State v. Carter

Miller, Justice:

Appellant, Leonard G. Carter, was convicted on two counts of first degree sexual assault by a jury in the Circuit Court of Cabell County and was sentenced to two concurrent ten- to twenty-year terms in the State Penitentiary. Appellant’s major assignment of error is that the two offenses for which he was convicted involve the same criminal transaction. Therefore, it is argued that the principles of double jeopardy would foreclose punishment for both offenses.

Appellant was charged in count one with first degree sexual assault through forcible compulsion by inserting his penis…