Pitka v. State

OPINION

COATS, Chief Judge.

Willie Pitka, Jr. was convicted, following a jury trial, of burglary in the first-degree and sexual assault in the first-degree for entering the residence of T.N. with the intent to commit sexual assault and then sexually assaulting her.1 Pitka argues that Superior Court Judge Richard D. Saveli erred in failing to instruct the jury on an element of sexual assault in the first-degree: proof that Pitka recklessly disregarded T.N.’s lack of consent. We conclude that Judge Saveli erred in failing to instruct on this element of sexual assault in the first-degree.

T.N.…