State v. Willey

After a jury trial, the defendant, Thomas Willey, was convicted of one count of pattern aggravated felonious sexual assault. See RSA 632-A:2, III (2007). On appeal, he contends that the Trial Court ("Wageling, J.) erred in denying his motion for a mistrial or, in the alternative, for further curative instructions to the jury. He also argues that the trial court sentenced him based upon improper considerations. We affirm the conviction, but vacate the sentence and remand.

The jury could have found the following facts. The defendant was awarded custody of his daughter, J.H., when she was three…