State v. Trail
In State v. Trail, 174 W.Va. 656, 658, 328 S.E.2d 671, 673 (1985), the defendant was convicted of abduction, malicious assault, and second-degree sexual assault.
All charges stemmed from a single incident wherein the defendant came across a teenage boy and girl camping in the woods.
The defendant hit the male youth in the head with a log and took the female youth approximately three miles further into the woods where he sexually assaulted her. The defendant argued that his convictions for both abduction and sexual assault violated double jeopardy principles.
The Court disagreed, finding that the defendant's convictions for abduction and sexual assault each required proof of a separate fact that the other did not.
The Court explained that "abduction . . . required an asportation or taking away that is not an element of sexual assault; sexual assault in the second degree . . . required sexual intercourse or penetration that was not an element of abduction." 174 W.Va. at 658, 328 S.E.2d at 673-74.
Accordingly, the appellant's separate convictions and sentences for abduction and third degree sexual assault do not violate double jeopardy principles.