The Minnesota Court of Appeals reverses client’s first-degree criminal sexual conduct conviction

In State v. Ortega-Herrera, A24-1321 (Minn. App. Dec. 1 , 2025), the Minnesota Court of Appeals reversed Anders Erickson’s client’s first-degree criminal sexual conduct conviction and 144-month prison sentence and remanded for a new trial.

The court of appeals agreed with Mr. Erickson’s argument that the district court committed reversible plain error by not providing the jury with a specific unanimity instruction. The jury instruction would have required all twelve jurors to unanimously agree that the State proved one act of criminal sexual conduct beyond a reasonable doubt.

Specific unanimity instructions are required when the State alleges that a defendant committed multiple criminal acts within one charge.