State v. Martino

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on appeal by Marco A. Martino (defendant) from a judgment of conviction in the Superi- or Court for sexual assault in the first and second degrees. After a jury trial, the defendant was sentenced to twenty years’ imprisonment, ten years suspended for the first-degree sexual assault conviction and eight years’ imprisonment, five years suspended for the second-degree sexual assault conviction, the terms to run concurrently. The primary issue on appeal is whether the trial justice erred in not instructing the jury on the defense…