State v. Moya

BASKIN, Judge.

This is an appeal)by the state from an order granting defendant Moya a new trial following a jury verdict finding Moya guilty of kidnapping and sexual battery. We affirm.

The trial court’s order states:

The Defendant was tried before a jury for the crimes of kidnapping and sexual battery. He did not testify during the trial; however, his statement given to the police after his arrest was admitted into evidence. During that statement he was asked whether he understood that he was charged with committing the *447crimes of kidnapping and sexual battery; he answered “yes.”

During closing…