People v. Leonard

*1327Opinion by

Judge RULAND.

Defendant, John Patrick Leonard, appeals the judgment of conviction entered upon a jury verdict finding him guilty of aggravated incest. He also appeals the 12-year sentence imposed and the trial court’s order denying his Crim.P. 35(c) motion for a new trial based on newly discovered evidence. We affirm the judgment of conviction and order, vacate the sentence, and remand for resentencing.

Defendant’s conviction was based upon testimony by his adult stepdaughter that he had engaged in sexual intercourse with her when she was 13 years old.

At a hearing on defendant’s…