The B.C. Court of Appeal has dismissed an appeal of a man convicted in Prince George provincial court of sexually assaulting a young girl after breaking into her home.
A lawyer for Jeremy Maxine George had argued the case should be retried because he did not waive the mode of trial being put to him.
George had opted for trial before a provincial court judge alone but just before the trial was held, new information was introduced.
However, in a decision released last week, the Court of Appeal found the difference between the two to be inconsequential.
The difference related only to a count of breach of probation that was also part of the list of charges.
The first alleged a breach by consumption of alcohol or a controlled substance while the second set out the wording of the condition in full.
George was found guilty of breaking and entering and sexual assault in 2011. The length of sentence he was issued was not stated in the decision.
