Jackson v. State

.OPINION

Judge ALLARD.

Wilburn Dean Jackson was convicted of first-degree sexual assault and fourth-degree assault for physically assaulting LD., his girlfriend, and forcing her to have sexual intercourse. Jackson appeals his sexual assault conviction, arguing that the superior court erred in failing to give the jury a proper unanimity instruction on that charge.

Because we conclude that the failure to properly instruct the jury on the need for unanimity constituted plain error in this case, we reverse Jackson's sexual assault convietion and remand for a new trial

Factual and procedural background