STATE v. RAMOS

No. 2002-030.

149 N.H. 272 (2003)

THE STATE OF NEW HAMPSHIRE v. JERRY LEE RAMOS

Supreme Court of New Hampshire.

Opinion Issued: March 17, 2003.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, by brief and orally, for the defendant.


NADEAU, J.

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...

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