State v. Collins

In these two criminal cases, which have been combined for the purposes of appeal, defendant was charged with the crimes of Sexual Abuse in the First Degree and Sodomy in the First Degree. After he was convicted of the sexual abuse charge in a trial to the court, he changed his plea on the sodomy charge to one of no contest and was convicted on that charge as well. On appeal, defendant assigns as error (1) the trial court’s failure, sua sponte, to find him not guilty on the sexual abuse charge on grounds of insufficient evidence and (2) the trial court’s failure, with respect to the no contest…