State v. Rummer

432 S.E.2d 39 (1993)

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State v. Rummer

Supreme Court of Appeals of West Virginia
432 S.E.2d 39 (1993)

RW

Facts

A woman alleged that Ronald Dean Rummer (defendant) accosted her, and then briefly fondled her breasts with one hand while rubbing her genitals with his other hand. The State of West Virginia (plaintiff) prosecuted Rummer and obtained his convictions on two counts of sexual abuse, one count for touching the woman's breasts, and the other for touching her genitals. The relevant statute defined sexual abuse as a perpetrator's unwanted sexual contact with a victim's anus, breasts, or genitals. Rummer appealed to the Supreme Court of Appeals of West Virginia. Rummer contended that although he touched the woman in two separate areas of her body, he did so in a single brief episode, and that to charge him with two separate offenses unconstitutionally placed him in double jeopardy for the same offense.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

Dissent (Neely, J.)

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