SEXUAL ASSAULT: Sufficient evidence that jury made factual finding as to ages of victim (under 16) and Defendant (more than 3 years older) to satisfy felony sexual assault (as opposed to misdemeanor)… revised opinion on petition for rehearing… Boucher reversed. [Read more…]

SEXUAL ASSAULT: Sufficient evidence that jury made factual finding as to ages of victim (under 16) and Defendant (more than 3 years older) to satisfy felony enhancement under Apprendi… Boucher reversed. [Read more…]