The West Virginia Supreme Court has upheld the battery conviction of a physician but set aside a finding that he was sexually motivated when he put his tongue in the mouth of a patient who then bit off part of the doctor's tongue.

Dr. Kenneth Seen of Spencer was sentenced to probation in 2013 in Roane County Circuit Court.

The justices Friday upheld Seen's battery conviction but vacated the lower court's sexual motivation finding and order for Seen to register as a sex offender for 10 years.

The high court said prosecutors denied his due process rights by failing to give a required pretrial notice of its intent to seek a finding of sexual motivation.