State v. Aiken

EAGLES, Judge.

I

Defendant first assigns as error that his trial counsel’s representation was prejudicially ineffective. We find no error.

Defendant first argues that trial counsel was ineffective in entering into a stipulation admitting into evidence the results of vaginal examination of the victim. We do not agree.

Defendant’s defense at trial was based on consent, i.e., that while he did have sexual intercourse with the victim, it was with her permission. In that context test results indicating that the victim did have sexual intercourse could not be prejudicial to defendant. We will not…