State v. Martinez

CROTHERS, Justice.

[¶ 1] Jose Martinez appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition. We conclude the district court’s failure to include information in the jury instructions identifying the underlying act for each count of gross sexual imposition or to instruct the jury that it had to unanimously agree on the underlying act for each count was obvious error. We reverse the judgment and remand for a new trial.

I

[¶ 2] In April 2013, Martinez was charged with three counts of gross sexual imposition in violation of N.D.C.C. § 12.1-20 — 03(l)(d).…