State v. Rogers

MARING, Justice.

[¶ 1] Joseph Rogers appeals from criminal judgments entered after he was found guilty of sexual assault and criminal trespass. We conclude there was insufficient evidence of a mental disease or defect to support a sexual assault conviction under N.D.C.C. § 12.1-20-07(1)(b). We reverse the criminal judgment based on the verdict of guilty to the charge of sexual assault and remand for dismissal of count two of the Information. We conclude the trial court did not err when it did not allow a lesser-included jury instruction on the criminal trespass charge. Therefore, we affirm the…