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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________

Rockingham No. 2009-832

THE STATE OF NEW HAMPSHIRE v. GEORGE QUINTERO

Argued: February 10, 2011 Opinion Issued: October 12, 2011 Michael A. Delaney, attorney general (Elizabeth C. Woodcock, assistant attorney general, on the brief and orally), for the State.

Pamela E. Phelan, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

DUGGAN, J. The defendant, George Quintero, appeals his convictions on one count of felonious sexual assault (FSA), RSA 632-A:3 (2007), and one count of aggravated felonious sexual assault (AFSA), RSA 632-A:2 (2007). He argues that the Superior Court (Nadeau, J.) erred when it conditioned the giving of a so-called "Williams instruction," see State v. Williams, 137 N.H. 343 (1993) (requiring the State to prove the charged acts occurred in the time frame alleged in the indictments), on his agreeing to an amendment of the

indictments to conform to the evidence presented at trial. After oral argument, we directed the parties to provide supplemental briefing on whether Williams should be overruled. We now affirm the defendant's convictions and also hold that the Williams instruction should no longer be given in cases tried after the date of this opinion. I The jury could have found the following facts. The victim, who was the defendant's niece, turned eight years old in April 2007. The convictions rest upon events that occurred when the victim spent the night at the home of the defendant and his then-fianc

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