United States v. SalinasThe resolution of this case should be easy enough. Appellant’s case was docketed almost three months before this Court’s decision in United States v. Marin, [__ M.J. ___ (N-M Ct. Crim. App. 2023)]which held that the crime of attempt requires the Government to prove an accused had the specific intent to commit the underlying offense and, therefore, an accused cannot be charged or convicted of an attempted sexual assault on the basis that he “reasonably should have known” of an underlying condition. Both parties agree that Appellant’s second assignment of error, which challenges his conviction for attempted sexual assault where he “reasonably should have known” the victim was asleep, has merit. They also agree that the constitutional error involved is not harmless beyond a reasonable doubt. And they agree that the findings and sentence should be set aside, and a rehearing authorized, in light of Marin. But both parties nevertheless insist the Court accompany them on separate, quixotic adventures. Comments are closed.
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