State v. Norton
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The Supreme Court affirmed on all but one issue the judgment of the court of appeals affirming Defendant's convictions for violation of a protective order, three counts of aggravated sexual assault, kidnapping, burglary, and assault, holding that the district court erred by not instructing the jury on sexual battery as a lesser included offense of the aggravated sexual assault charge based on forcible sexual abuse.
Specifically, the Supreme Court held (1) any error in the jury instructions for aggravated sexual assault and the underlying offenses of rape and forcible sexual abuse were not prejudicial; (2) the district court did not err by not instructing the jury on any of the lesser included offenses Defendant requested, except for sexual battery; and (3) at sentencing, the district court did not err in imposing a punishment of fifteen years to life for aggravated sexual assault.
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