People v. Lowry

Opinion by

Judge FURMAN.

Defendant, James Edwin Lowry, appeals the trial court order denying his Crim. P. 35 motion to vacate his conviction. We affirm.

I. Background

Defendant was tried by a jury on charges of sexual assault on a child by one in a position of trust (class 8 felony, pattern of abuse), attempted sexual assault on a child by one in a position of trust (class 4 felony), and a crime of violence for acts committed on or between September 1, 2002, and July 20, 2008. At the close of the evidence, defendant requested and was granted an instruction on the lesser offense of violation of a…