A man convicted of sexual assault and serving a prison sentence of six years to life will have his sentence reduced, after the Court of Appeals determined an El Paso County judge failed to give the jury complete instructions.

Manuel Jose Menendez received two convictions for sexual assault and unlawful sexual contact stemming from the December 2016 rape of an extremely intoxicated woman in the Colorado Springs area. An element of both offenses was that the victim was unable to understand what was happening, but the jury could enhance Menendez’s sentence to that of a higher-level offense if they also found he applied force while committing the act.

The Court of Appeals found sufficient evidence that the victim could not consent, and that Mendendez was aware she could not understand what she was doing. However, the three-judge panel on Thursday agreed with Menendez that then-District Court Judge Larry E. Schwartz did not properly tell the jury what to do when considering whether Menendez applied force.

Schwartz described every element of each offense to the jurors, while reminding them that prosecutors must prove all elements beyond a reasonable doubt. But Schwartz did not direct them to follow that standard for Menendez’s application of force, nor did the paperwork for the jury indicate that requirement.

The jury’s conclusion that Menendez had applied force meant he was sentenced under a higher range. He received a two indeterminate prison terms of six years to life, to be served concurrently. The appellate panel decided the sentences could not stand: first, because there was little reason to believe the jury determined Menendez used force beyond a reasonable doubt without an instruction to do so. Second, the evidence against him was not overwhelming, meaning a faulty instruction would have had a larger effect.

The Fourth Judicial District Attorney’s Office, which includes El Paso County, could not say on Friday what the new sentence would likely be.

The case is People v. Menendez.