first assigned error of ineffective
assistance of counsel warrants discussion, but no relief; the second assigned error
warrants neither.

                                  BACKGROUND

       On 27 June 2013 about 1930 hours, appellant and Master Sergeant (MSG) SL
went to the local American Legion post where MSG SL was a member. Ms. ND was
the bartender at the American Legion and served alcohlic beverages to appellant and
MSG SL. While at the American Legion, Ms. ND engaged in casual conversation
with MSG SL, a prior acquantaince, and appellant, who she met for the first time.
According to appellant, they discussed theabout another female who was at the bar and suggested he
stay away from her. According to appellant’s testimony, on both of these occasions
Ms. ND made physical contact with him and he believed she was flirtatious.
Appellant testified that at this point, he did not believe Ms. ND wanted to have
sexual intercourse with him nor did he consider having sexual intercourse with her.

        At approximately 0200, Ms. ND and appellant went to the parking lot of the
Electric Cowboy. Appellant testified that once they were in the parking lot, Ms. ND
sat in the backseat of her truck and he sat in the front seat. Appellant explained that
Ms. ND wanted him to “frisk” her and she proceeded to place his hands on her
breasts. Ms. ND