State v. Abdon.

Opinion of the Court by

WILSON, J.

Petitioner/Defendant-Appellant June-June Mas Abdon appeals from the Intermediate Court of Appeals’ (ICA) judgment on appeal entered pursuant to its memorandum opinion. The ICA’s judgment vacated the Circuit Court of the First Circuit’s (circuit court) January 16, 2013 judgment of conviction and sentence for sexual assault in the first degree based on the circuit court’s failure to instruct on the lesser included offense of sexual assault in the third degree.

Abdon does not challenge the ICA’s determination regarding the lesser included offense instruction, but…