People v. SAUNOA

Opinion

BOLAND, J.

INTRODUCTION

Appellant Pesamino Saunoa challenges his forcible oral copulation convictions on several grounds, including the trial court’s lack of jurisdiction to retry him prior to the issuance of the remittitur following his prior appeal. We conclude the trial court was without jurisdiction, and all proceedings conducted prior to the issuance of the remittitur, including appellant’s retrial, were void.

BACKGROUND AND PROCEDURAL HISTORY

Appellant resided at a motel in Wilmington. In February 2003, he forcibly orally copulated two fellow residents. A jury convicted appellant of…