State v. Guerrios

*425OPINION OF THE COURT BY

BURNS, C.J.

Defendant Juan A. Guerrios (Guerrios) appeals the lower court’s (1) June 13, 1988 order denying his June 2, 1988 motion for a new trial, (2) July 22, 1988 judgment of conviction for attempted sexual assault in the first degree and assault in the second degree, and (3) August 2, 1988 order granting the prosecution’s May 20, 1988 motion for imposition of a ten-year mandatory minimum term of imprisonment. We affirm (1) and (2), vacate (3), and remand for further action.

At approximately 5:00 p.m. on November 1, 1987, Ms. Charmaigne Benton (Benton), a prostitute,…