State v. King
Annotate this CaseAfter a jury trial, Defendant was convicted of rape by penile penetration, rape by digital penetration, aggravated criminal sodomy, and aggravated indecent liberties with a minor and received four concurrent hard twenty-five life sentences. Defendant appealed, raising seven issues. The Supreme Court reversed Defendant’s convictions, holding that the district court erred in failing to provide a unanimity instruction, as (1) there was evidence of multiple acts on each of the four charges against Defendant; (2) the court failed to instruct on unanimity, and the State failed to elect which of the multiple acts underlying each of Defendant’s charges was to be relied upon by the jury in its deliberations; and (3) the error was not harmless. Remanded.
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