State v. Tutton

OPINION

WADE, Judge.

The defendant, Reginald D. Tutton, was convicted of aggravated rape and attempted first degree murder. A charge of kidnapping ended in a mistrial. The trial court sentenced the defendant as a Class A, multiple offender to consecutive prison sentences of 25 and 35 years, respectively.

The single issue presented for review relates to the aggravated rape conviction. The defendant contends the trial court erred by failing to instruct the jury on the lesser included offense of rape.

We find the aggravated rape conviction should be modified to simple rape. We remand to the trial…