State v. Celis-Garcia
Annotate this CaseDefendant Maura Celis-Garcia was convicted by a jury of two counts of first-degree statutory sodomy. The defendant appealed, asserting that (1) the trial court violated her constitutional right to a unanimous jury verdict because, although the state presented evidence of multiple, separate acts of hand-to-genital contact committed against her two minor daughters, the verdict directors failed to require the jury to agree to the specific acts she committed to find her guilty of a single count of statutory sodomy against each daughter; and (2) the trial court erred by overruling her objections to certain testimony by two expert witnesses because the testimony improperly vouched for the credibility of the victims, thereby invading the province of the jury. The Supreme Court reversed, holding that because the trial court failed to instruct the jury it had to agree on the same act or acts of hand-to-genital contact the defendant committed in finding her guilty of statutory sodomy, her right to a unanimous jury verdict was violated. Because the defendant's conviction was reversed on the basis of her first point, the Court did not address her second point. Remanded.
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