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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
September 2010 Term ____________ No. 35474 ____________

FILED October 28, 2010
released at 10:00 a.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA


STATE OF WEST VIRGINIA, Appellee, v. TIMOTHY C. EDMONDS, Appellant. _________________________________________________ Appeal from the Circuit Court of Kanawha County
Honorable Irene C. Berger, Judge
Criminal Case No. 08-F-597
AFFIRMED ______________________________________________________ Submitted: October 12, 2010 Filed: October 28, 2010

Jason D. Parmer, Esquire Assistant Public Defender Kanawha County Public Defender's Office Charleston, West Virginia Attorney for Appellant

Darrell V. McGraw, Jr. Attorney General Benjamin F. Yancey, III Assistant Attorney General Charleston, West Virginia Attorneys for Appellee

The Opinion of the Court was delivered PER CURIAM.

SYLLABUS BY THE COURT


1.

"Where the issue on appeal from the circuit court is clearly a

question of law or involving an interpretation of a statute, we apply a de novo standard of review." Syllabus Point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995). 2. "The function of an appellate court when reviewing the sufficiency

of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, is sufficient to convince a reasonable person of the defendant's guilt beyond a reasonable doubt. Thus, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt." Syllabus Point 1, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

Per Curiam:

This is an appeal of a final order from the Circuit Court of Kanawha County sentencing the defendant/appellant Timothy C. Edmonds (hereinafter "Mr. Edmonds" or "defendant") to serve not less than ten nor more than twenty years in the state penitentiary upon being convicted of three counts of sexual abuse by a custodian or person in a position of trust pursuant to W.Va. Code,

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