Bannister v. State

BURNETT, Justice:

We granted the State a writ of certiorari to review the post-conviction (PCR) judge’s grant of a new trial to respondent. We reverse.

FACTS

Respondent was indicted on charges of first degree burglary and assault with intent to commit first degree criminal sexual conduct (CSC). A jury convicted him of burglary but acquitted him of CSC.

At trial, the State produced evidence on May 30, 1993, respondent kicked open the front door and entered Unit F-16 of the Canebrake Apartments. Occupants in the apartment, all young teenagers, testified respondent stated he was looking for “Gayle”…