State v. Johnson

HORTON, j.

After a jury trial in Superior Court (Sullivan, J.), the defendant, David Johnson, was convicted of attempted aggravated felonious sexual assault, see RSA 629:1 (1996); RSA 632-A:2 (1996) (amended 1997, 1998), and acquitted of aggravated felonious sexual assault accomplished by surprise, see RSA 632-A:2, I(i). The defendant contends that the trial court erred in denying his motion to dismiss the attempt indictment, improperly instructing the jury, failing to require the State to elect between indictments, denying several pretrial motions, and granting certain motions in limine. We…