Kavanaugh v. State

The major issue presented in these combined appeals is whether the trial court abused its discretion in imposing the sentences that it did upon Kavanaugh for aiding and abetting sexual assault in the second degree and upon Markland for committing sexual assault in the second degree. Additional questions are presented by the - Page 910 appellants who challenge the sufficiency of the evidence to sustain the convictions and assert that the district court erred in refusing to grant their respective motions for a new trial based upon newly discovered evidence. We hold that the district court did not abuse its discretion in imposing the sentences, and we are satisfied that the evidence was sufficient to sustain the convictions. We also are satisfied that the district court did not abuse its discretion in denying the respective motions for new trial. We affirm the judgments and sentences of both appellants.