People v. Melillo

Opinion by

Judge CRISWELL.

Defendant, Frank Melillo, appeals from the judgment of conviction of sexually assaulting a child as a part of a pattern of sexual abuse. We reverse and remand for a new trial.

The information, as finally amended, contained three counts. The first count alleged that defendant had assaulted the victim, who was then more than 15 but less than 18 years of age, at a time when defendant was in a position of trust with respect to her. Count two asserted that he had assaulted the same victim at a time when she was less than 15 years of age and he was in a position of trust…