Montoya appealed from a judgment convicting him of sexual abuse in the third degree after a jury verdict, but acquitted him on the forcible touching charge. It was alleged Montoya touched his 17 year-old niece’s breast while driving her home from a job interview. The court noted as Montoya was found not guilty of forcible touching, any error relating to that charge could not serve as a basis for appeal. The panel noted Montoya’s legal sufficiency claim was unpreserved for appellate review, even were it to review such claim in the interests of justice, the panel concluded it would find it was legally sufficient to establish Montoya’s guilt for third degree sexual abuse beyond a reasonable doubt. The panel stated while the prosecutor did not inform the jury during opening statements she intended to prove Montoya touched complainant’s breast, the panel found the opening statement was adequate as the prosecutor described what she intended to prove and properly prepared the jury to resolve the factual issues at trial. It stated it must determine if a different result would have been unreasonable based on the credible evidence, ruling that upon a review of the record, the guilty verdict for sexual abuse was not against the weight of the evidence. Thus, the judgment of conviction was affirmed.