State v. Lopez-McCurdy

JEFFREY W. BATES, Judge.

After a jury trial, Jose Lopez-MeCurdy, Jr. (Defendant) was convicted of the forcible rape of A.M. On appeal, Defendant presents two points for decision. In Point I, Defendant contends the trial court erred in denying Defendant’s motion for judgment of acquittal because the State failed to prove the element of forcible compulsion. In Point II, Defendant contends the trial court committed plain error in failing to grant a new trial based upon newly-discovered evidence. This Court affirms.

Point I

In Defendant’s first point, he contends the trial court erred in denying his…