State v. Abdon
Annotate this CaseAfter a jury trial, Defendant was convicted of sexual assault in the first degree. Defendant appealed, arguing that the circuit court erred in (1) denying his post-verdict motion for judgment of acquittal on statute of limitations grounds, and (2) denying his request to instruct the jury on the lesser included offense of sexual assault in the third degree. The intermediate court of appeals (ICA) vacated Defendant’s conviction on the ground that the circuit court erred in failing to instruct the jury on sexual assault in the third degree. Defendant appealed, challenging the ICA’s rejection of his claim that his post-verdict motion for judgment of acquittal should have been granted by the circuit court. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Defendant’s motion for judgment of acquittal; but (2) erred in failing to instruct the jury that the State had to prove beyond a reasonable doubt facts establishing the timeliness of the prosecution, but this error was harmless.
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