State v. Gray

HAYS, Justice.

This is an appeal by Robert Dale Gray from his convictions of second degree rape and of lewd and lascivious acts, and from his concurrent sentences of fifty to sixty years in prison for the rape and four and one-half to five years for the lewd and lascivious acts. We have jurisdiction pursuant to 17A A.R.S. Supreme Court Rules, rule 47(e)(5). We must address six issues:

1. Whether A.R.S. § 13-611(B) denies Gray equal protection of the law;

2. Whether the court erred by instructing the jury and submitting a form of verdict on second degree rape;

3. Whether the court erred by giving…