State v. David E. Walton, Jr.

OPINION

BIRCH, Justice.

We granted the application for review filed by David E. Walton, Jr., the defendant, in order to address issues pertinent to the sentences imposed. In our review, however, we notice as plain error the failure of the State to properly elect offenses, 1 which resulted in violation of the defendant’s right to jury unanimity. Accordingly, for the reasons outlined below, we reverse the convictions and vacate the sentences imposed. The cause is remanded to the trial court for further proceedings consistent with this opinion.

I

When A.W., 2 the victim, was in kindergarten, the…