Makai Zuniga

Document Type

Case Summary

Publication Date

4-4-2024

Case Synopsis

This opinion regards Ramel Ortiz, who was convicted of sexual assault, after he broke into the victim’s home and forced them to engage in multiple sexual acts. Four of these sexual assault counts resulted from an incident where Ortiz subjected the victim to intercourse in different sexual positions. Nevada caselaw provides that a change in position alone is insufficient to show that the resulting sexual acts constitute more than one sexual assault offense. However, Ortiz’s counsel failed to challenge the sufficiency of evidence to support the multiple sexual assault convictions. Further, Ortiz filed a postconviction writ of habeas corpus with respect to an ineffective-assistance claim. As a result, the Court reversed in part and remanded the lower court to vacate three of Ortiz’s sexual assault convictions.

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