What is the test for setting aside a conviction for sexual assault in a sexual assault case?

It is a familiar rule that a conviction must be set aside whenever the jury's verdict rests on alternative bases, one of which is invalid, and it cannot be determined with adequate confidence that the jury relied on the valid basis. See Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931). That rule, however, is usually invoked when the defendant has alerted the trial court to his objection to the submission of the invalid basis to the jury. ⁶ In the

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