State v. Santiago

Justice Laurie McKinnon delivered the Opinion of the Court.

*973***155¶1 A jury found Kogan J. Santiago (Santiago) guilty of sexual intercourse without consent. The Thirteenth Judicial District Court, Yellowstone County, sentenced Santiago to thirty years incarceration, with fifteen years suspended. Santiago appeals his conviction. We affirm and address the following issue:

Did the District Court abuse its discretion in giving the deadlocked jury an Allen -instruction?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 The State charged Santiago with sexual intercourse without consent following an incident that…