A West Virginia man freed last year after serving 15 years in prison for the rape of a 5-year-old girl is going back to prison to finish his sentence.
The state Supreme Court has unanimously reversed a decision by now-retired Putnam County circuit judge, O.C. Spaulding, who freed Joseph H. Lavigne Jr. last year after he said there had been insufficient evidence to convict.
Justices on Wednesday ordered Lavigne to serve the remainder of his sentence, refusing to return the case to a lower court. They ruled on the prosecution's appeal of the 1996 sexual assault conviction.
Lavigne was sentenced to up to 50 years in prison.