P. v. Petricka
Darren Andrew Petricka was convicted, following a jury trial, of two counts of genital penetration by a foreign object, one count of felony false imprisonment, and three counts of sexual battery by restraint. On appeal, he contends (1) the trial court erred in admitting testimony regarding a prior sexual offense committed by appellant; (2) there was insufficient evidence to support his conviction on the digital penetration counts and one sexual battery count; (3) there was insufficient evidence to support his conviction for felony false imprisonment; (4) conviction on insufficient evidence denied appellant due process of law; (5) the trial court erred by failing to instruct sua sponte on the defense of reasonable belief in consent; (6) defense counsel was ineffective for failing to move for a new trial based on insufficient evidence; (7) the jury should have been required to decide beyond a reasonable doubt whether the two incidents of genital penetration took place on separate occasions; (8) the evidence did not support a finding that the genital penetrations occurred on separate occasions; (9) the courts alternative choice, to exercise its discretion to impose full consecutive sentences on the two genital penetration counts, was contrary to law and an abuse of discretion. Court affirm the judgment.
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