People v. Cruz

Opinion by

Judge KAPELKE.

Defendant, Darrell W. Cruz, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault. We reverse and remand.

At trial, defendant contended that the victim had consented to having sexual relations with him. He tendered five proposed jury instructions regarding the affirmative defense of consent, but the trial court refused to instruct the jury on that defense.

I

Defendant first contends that the trial court committed reversible error by refusing *1199his request to instruct the jury on the affirmative defense of consent.…