State v. Breed

Hayes, Supr. J.,

¶ 1. Specially Assigned. Defendant appeals jury convictions for sexual assault and sexual assault of a vulnerable adult based on a single incident. He argues that the court erred by: (1) allowing a three-week separation period between jury selection and the commencement of his trial; (2) denying his motion to dismiss one of the convictions on double-jeopardy grounds; and (3) admitting the hearsay testimony of the complainant’s brother under the excited-utterance exception. We vacate the sexual assault conviction on double-jeopardy grounds, but reject defendant’s other…