People v. Rivera

STERNBERG, Judge.

Following a jury trial, the defendant, Frank Delfino Rivera, was convicted of first degree sexual assault and second degree burglary. His primary contentions on appeal are that the trial court erred in refusing to give his tendered theory of the case instructions and in incorrectly defining an essential element of the charges. We affirm.

The defendant was charged with sexual assault and burglary following an incident that occurred when the victim was alone in her college dormitory room. The victim was awakened by a noise at her window screen, a man “came flying” through the…