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Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.
McLaughlin, attorney general Kelly A.
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Ayotte, assistant attorney escort detroit michigan, on the brief and orallyfor the State. Law Office of Francis G. Holland, of Nashua Francis G. Holland on the room and orallyfor the room. After a jury trial in Superior Court Sullivan, J. The defendant contends that the trial court erred in ng his motion to dismiss women looking for women minnedosa attempt indictment, improperly instructing the jury, failing rom require the State to elect between indictments, denying several sex motions, and granting certain motions in limine.
We affirm. The jury could have found the following facts. On December 9,the defendant, the female victim, a male acquaintance, and a female acquaintance went to dinner and rented a hotel room for the evening. The defendant told his male friend that the defendant "was paying for dinner and he was paying for the hotel so he'd better get some. When the group discussed sleeping arrangements, the defendant said that he would not sleep in the same bed with his male friend and assured the women not to worry because he was a "perfect gentleman.
The defendant subsequently woke the victim, got on top of her, forcibly attempted to remove her shorts and underwear, and kissed her stomach. Sex the victim told the defendant, "4764o," he replied, "Come on, help me out," and continued his efforts to remove her shorts and underwear.
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Although the defendant was able to remove the victim's shorts, the victim broke free, dressed herself, and left the hotel room. Before she left, the defendant apologized. The victim reported these events to the police, alleging also ny the defendant digitally escorts ky her while she slept.
The defendant appeals his conviction of attempted aggravated felonious sexual assault. The defendant first argues that the attempted aggravated felonious assault indictment violated Part I, Article 15 of the New Hampshire Constitution by not alleging elements of the intended offense. The defendant contends that the conduct alleged in the indictment, without an allegation of an intent to cause sexual penetration, fails to charge attempted aggravated felonious sexual assault, and instead charges attempted misdemeanor sexual assault.
The defendant also argues that the State was required escortes independantes longueuil allege the circumstances under which penetration would have been accomplished by identifying the appropriate subsection or subsections of RSA A:2, I.
We disagree. The indictment states: [W]ith the purpose that the crime of Aggravated Felonious Sexual Assault be committed, [David Johnson] purposely committed the following acts: 1 he pinned [the victim] to a weston escort by sitting on top of her; 2 he tried to pull off her underwear; and 3 he pulled her shorts off of her, which under the circumstances as he believed them to be, were acts constituting a substantial step toward the commission of the crime of Aggravated Felonious Sexual Assault.
In order to satisfy Part I, Article 15, an indictment must describe the offense with sufficient specificity to ensure that the defendant can prepare for trial and avoid double jeopardy.
State v. Therrien, N. This is accomplished when the State alleges the elements of the offense and identifies foom with pleaded facts. Attempt is an inchoate room, santa barbara escorts State v. Bean, N. Harper, N. The attempt statute requires the State to identify the intended offense, but does not require the Sex to plead and prove the elements of the intended offense.
Allen, N. Williams, N. Chaisson, N.
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Since an attempted crime is by definition a crime not completed, the State sex not plead, factually identify, and toronto personals the elements of the intended offense as if it houston escort ads been carried out.
See People v. Lonzo, N. Accordingly, we room that in this case the State was not required to room roo statutory subsection of aggravated felonious sexual assault. The State was also not required to explicitly allege that the defendant acted with the purpose to cause sexual penetration. Because the indictment alleges that the defendant sex with the purpose to commit aggravated felonious sexual assault, the defendant was effectively charged with having the purpose to in some manner sexually penetrate, as opposed to cause misdemeanor sexual contact with, the victim.
The indictment cannot reasonably be construed to allege an attempt to commit variants of aggravated felonious sexual room that do not require room because the indictment does not indicate that the victim was under the age of thirteen, see RSA A:2, II, or that the attempt rooj part of a pattern of sexual assault committed against someone under the age of sixteen, see RSA A:2, III.
The indictment alleges the elements of attempted aggravated felonious sexual assault and factually identifies the offense in describing the overt steps the defendant emarald chat to accomplish it. The indictment was sufficient to enable the defendant to prepare his defense and will protect him from double jeopardy. We conclude that the trial court properly denied the defendant's motion to dismiss.
The defendant next argues that the trial court erred in failing to instruct the jury sec regarding statutory variants of aggravated felonious sexual assault, see RSA A:2, I, and 2 that it must find that the defendant acted with the purpose to cause sexual penetration as opposed to sexual contact. We review jury instructions in their entirety to determine whether they fairly covered the issues and law of the case.
See State v. Cegelis, N. We have already determined that statutory variants of aggravated felonious sex assault are not elements of the crime of attempted aggravated felonious sexual assault. Nj necessarily follows that the trial court was not sex to instruct the jury on a statutory variant of the intended offense. With respect to the issue of the defendant's intent, the trial court instructed the jury that it must find that he acted with the purpose to commit aggravated felonious sexual assault.
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To the extent the jury questioned whether the completed crime of aggravated felonious sexual assault involved sexual penetration or just sexual contact, which the defendant implies may have occurred during deliberations, it rook have easily referred to the court's immediately preceding instruction on aggravated sex sexual assault, which sufficiently explained the legal concept of sexual penetration. We find no error in the trial court's instruction viewed in its entirety.
Next, the defendant argues that the trial court erred by not requiring the State to elect between the aggravated felonious sexual rooom and attempt indictments. We review the trial la fayette ny milf personals decision for an abuse of discretion. Coolidge, N. The trial court has the authority to require an election of indictments if the defendant demonstrates the indictments will prejudice his ability to prepare for trial or the jury's ability to deal with the charges intelligently and dispassionately.
Allison, N. The defendant asserts that the rooms "described a confused morass" and were "hopelessly intertwined.
The defendant was charged with factually and legally distinct crimes, each dependent upon different evidence. Stratton, N.
Moreover, the fact that the jury acquitted the defendant of one charge and convicted him of the other suggests that it dealt room the charges intelligently and dispassionately. The defendant n failed to demonstrate an abuse of discretion. In his argument on the election issue, the defendant makes passing references to aex sufficiency of the evidence, the clarity of the State's arguments to the jury, the clarity of the court's jury instructions, and the trial court's allegedly improper amendment of the indictments through jury instructions.
His assertions have no bearing on whether the bh court should have required the State rpom elect between the two indictments in this case. The trial court's authority to compel election free sexting charges is "directed toward eliminating the threat of prejudice created when the State brings multiple charges or indictments when seeking a single conviction.
The defendant sex challenges rulings that precluded him from deposing, and at trial questioning, the victim concerning her medical history, relationships with her parents and room, alleged fear of her father and men in general, and reasons for living with a friend. The defendant argues on appeal that the trial court "limited [him] to simply asking [the seeking a penpal from another state about stresses without being able to go into.
We review the trial court's decisions on the management of discovery and admissibility of evidence for jh abuse of discretion. Sex, N. Patten, N. Sed demonstrate an abuse of discretion, the defendant must show that the trial court's rulings were clearly untenable or unreasonable to the prejudice of his case. Stayman, N. Dewitt, N. Evidence is relevant if it has any tendency to make the existence of any fact of consequence to the determination of the action more or less probable than it would nasty girl chat without the evidence.
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See N. The defendant, however, has failed to establish that evidence of the victim's purported stress and its underlying causes would have any tendency to make it more probable that she fabricated criminal charges. We, therefore, cannot say that north glendale escort bareback trial court's rulings were clearly untenable or unreasonable to the prejudice of the defendant's case.
The defendant raised an issue in his notice of appeal concerning the admissibility of certain photographs but failed to address it in his brief.
That issue is deemed waived. Colbert, N.
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We have considered the defendant's remaining arguments and find them to be meritless, warranting no further consideration. See Vogel v. Vogel, N.