People v. Frost

Opinion by

Judge KAPELKE.

Defendant, Joseph C. Frost, appeals the judgments of conviction entered upon jury verdicts finding him guilty of sexual assault on a child, aggravated incest, and two counts of habitual criminal, We reverse and remand for a new trial.

Defendant was charged based on allegations involving his niece. The victim had made statements indicating that defendant had sexually assaulted her, and her brother said that he had witnessed the incident.

Because the victim was four years old and her brother was seven at the time of trial, the court held a competency hearing pursuant to §…