State v. Winston

Harvey Lee Winston (Winston) appeals from a judgment of conviction of third degree sexual assault (party-to-a-crime). He asserts the trial court prejudicially erred in admitting evidence of the flight of his alleged co-actor and by submitting the flight instruction to the jury without limitation. We hold that there was no error in the ruling of the trial court or in its charge to the jury. Accordingly, we affirm.

The state’s key witness was the sexual assault victim, 22 years of age at the time of the assault. She testified that on March 19,1983, at about 10:00 p.m., after leaving the downtown…