People v. Valencia

Opinion by

Judge CRISWELL. *

Defendant, Nicholas Valencia, appeals the judgment of conviction entered on jury verdicts finding him guilty of sexual assault, first and second degree assault (merged), first degree burglary, and false imprisonment. Defendant also appeals his designation as a sexually violent predator. We reverse the judgment and remand for a new trial.

I. Background

Defendant was the ex-boyfriend of the vie-tim, E.S. While E.S. was out drinking with friends, defendant entered her house without permission and hid in her bedroom closet.

E.S. testified that, when she returned home in…