State v. Tibbetts

WATHEN, Justice.

Defendant Kenneth Tibbetts appeals his jury conviction in Superior Court (Piscata-quis County, Browne, J.) for gross sexual misconduct (17-A M.R.S.A. § 253(2)(D) (Supp.1989)). Defendant contends that the opinion testimony of a physician’s assistant was improperly admitted and deprived him of a fair trial. He also argues that there was insufficient evidence for the jury to convict him. We affirm the conviction.

A physician’s assistant examined the victim after the incident and testified at trial that semen found in the victim’s vagina was less than 24 hours old. The witness…