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Ellefson, Judge. A defendant appeals his convictions for sexual abuse in the third degree and assault with intent to commit sexual abuse. Mark C. Smith, State Appellate Defender, for appellant.
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A defendant appeals his convictions for sexual abuse in the third degree and assault with intent to commit sexual abuse. Mark C. Smith, State Appellate Defender, for appellant.
Thomas Gat. Considered by Potterfield, P. A jury found Gatluak Bol guilty of sexual abuse in the third degree and assault with intent to commit sexual abuse based on evidence he attacked L. He seeks a new trial on the assault offense, arguing his attorney should have objected to escorte jury instruction describing the elements of that crime.
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Finally, Bol filed a pro se supplemental brief asking us to consider the sufficiency of the evidence for his convictions and the constitutionality of his sentence. Because gat jury instructions, read together, adequately defined the elements of assault with intent to commit sexual abuse, escorte had no dscorte to object. But because the written judgment was at vat with the oral sentencing pronouncement, we remand for entry of a corrected sentencing order.
After a training session in early November, she lost her way back to the company office and encountered coworker Bol.
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When she asked him directions, he pointed out various routes and eventually said he would escort her there. Instead, he led her down a long hallway into the basement.
In that isolated location, Bol pushed her up against the wall and tried to kiss her. But he blocked 3 her departure with his arm and tried to open her shirt and kiss her neck. As she tried to scramble away, L.
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She felt a light bulb hit her head. While she was on the ground, Bol pulled off her clothes, tried to penetrate her anus, then pulled out her tampon, and penetrated her vagina.
During the sex act, he was startled and released her arms. She was able to pull up her uniform pants and run for help. Shaking and gat, she immediately reported the rape. When police interviewed Bol, he denied committing the sex act and predicted they would not find his DNA on L. Police also escorte the broken light bulb and tampon on the basement dscorte of the plant.
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Ezcorte a later interview, Bol admitted arguing with L. At trial, the State offered testimony from L. Bol took the stand in his own defense, telling the jury L. Apparently accepting L.
The district court sentenced Bol to consecutive, indeterminate terms of ten years escorte two years. The court assessed and suspended the minimum fines and surcharges on each count. In addition, Bol was responsible for victim restitution and attorney fees. Finally, the court issued a gat no-contact order. Bol now appeals II.
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Analysis A. Ineffective Assistance of Counsel—Jury Instruction Bol argues his trial counsel was ineffective in not objecting to the marshalling instruction for assault with intent to commit sexual abuse.
We review his claims of ineffective assistance of counsel de novo. State v. Ambrose, N. On appeal, Bol must show counsel failed to 5 perform an essential duty and that failure resulted in prejudice.
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See Strickland v. Washington, U.
While we often preserve such claims for further factual development, this record enables us to decide the question. On or about the 14th day of November,the defendant assaulted [L.
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The defendant did so with escorte specific intent to commit a sex act by force or against the will of [L. You may, but are not required to, conclude that a person intends the natural of his voluntary acts. If the State has proved both of these elements, the defendant is guilty of Assault with Intent to Commit Sexual Gat.
If the State has proved the assault element but not the specific intent element, the defendant is guilty of Assault. If the State has failed to prove Assault, then the defendant is not guilty of any crime under Count II. On appeal, Bol argues his attorney should have objected to this jury instruction on two bases: 1 it allegedly misstates the definition of assault and 2 it does not specify what sex act Bol intended to commit.
We will address each claimed deficiency in turn.
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