State v. Gantnier
Annotate this CaseA jury convicted Defendant of unlawful sexual contact and of violating a condition of release. Defendant challenged his convictions on appeal, asserting (1) the superior court erred in denying his request to instruct the jury on assault as a lesser-included offense of unlawful sexual contact, and (2) there was insufficient evidence to find that he had "contact" with the victim in violation of his conditions of release. The Supreme Court (1) vacated the judgment of conviction for unlawful sexual contact, holding that the court failed to properly instruct the jury on assault as a lesser-included offense of unlawful sexual contact; and (2) affirmed the judgment of conviction for violating a condition of release, holding that there was sufficient evidence in the record upon which the jury could find every element of the offense of violating a condition of release beyond a reasonable doubt.
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