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Cook Affirmed - Third-Degree Sexual Assault Conviction

The Supreme Court of Appeals of West Virginia affirmed Thomas Woodrow Cook's third-degree sexual assault conviction, rejecting his claim that evidence was insufficient to prove identity and his challenge to the Child's Uncorroborated Testimony jury instruction. The court applied a de novo standard of review to his motion for judgment of acquittal, finding that any rational trier of fact could have found the essential elements proved beyond a reasonable doubt.