State v. Ramos

The defendant, Jerry Lee Ramos, appeals his convictions for burglary, see RSA 635:1 (1996), and aggravated felonious sexual assault through concealment or the element of surprise, see RSA 632-A:2, I(i) (Supp. 2002), following a jury trial in the Superior Court (Smith, J.). On appeal, he argues the trial court erred when it refused to give the jury an instruction on his theory of defense, which was consent. We affirm.

The jury was presented with the following testimony at trial. In June 1999, the defendant and the victim lived in neighboring apartment buildings in Lebanon. The victim was a…