People v. Vigil

Opinion by

Judge VOGT.

Defendant, Joe E. Vigil, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault on a child and on his subsequent adjudication as a habitual sex offender. He also appeals the sentence imposed. We reverse and remand for a new trial.

Defendant was convicted of having sexually assaulted the seven-year-old son of a coworker in the co-worker's home. The child's father testified at trial that, when he went to check on his son, he pushed open the door to the child's room and saw defendant leaning over the child. Both were partially…