State v. Ahmed

OPINION

BJORKMAN, Judge.

On appeal from his convictions of third-degree assault and second-degree criminal sexual conduct, appellant contends that (1) the district court abused its discretion in admitting the out-of-court statement of the child victim without considering the credibility of the testifying witness; (2) the state did not prove that prohibited sexual contact occurred; and (3) the jury was improperly instructed on the “particular cruelty” aggravating factor. Because the district court did not abuse its discretion in admitting the child’s statement and there is sufficient evidentiary…