Vermont v. RollsAnnotate this Case
Defendant Brandon Rolls was charged with aggravated sexual assault of a minor, was acquitted by a jury of that charge, but convicted of the lesser-included offense of sexual assault. Defense counsel objected to the State’s requested jury instruction of the lesser-included offense. The trial court overruled the objection, explaining that it had to provide a lesser-included-offense instruction upon either party’s request if the evidence supported the instruction, as it did in this case. Defense counsel did not object to the language the court proposed for the lesser-included-offense instruction. On appeal, defendant argued the trial court erred in its jury instructions, mandating reversal of his conviction and sentence. Finding no error in the trial court’s instruction, the Vermont Supreme Court affirmed.