Heywood v. State

VOIGT, Chief Justice.

[T1] This is an appeal from the appellant's convictions on three counts of second-degree sexual assault. The appellant contends that the district court erred in refusing to give certain lesser-included offense instructions and in failing to answer a question presented by the jury during deliberations. We affirm the district court's decision in regard to the lesser-included offense instructions, but we reverse because of plain error in failing to answer the jury question.

ISSUES

[12] 1. Did the district court err in refusing to instruct the jury that third-degree sexual…