State v. Scott

Syllabus

amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences