State v. Finch

CLARK, Judge.

Martin J. Finch was charged with attempted forcible rape and sexual abuse in the first degree of the complainant, Eula Martin. A jury heard the evidence, acquitted Finch of rape, but convicted him of sexual abuse. The trial court found Finch to be a persistent sexual offender and later, a persistent offender and sentenced him to five years’ imprisonment without eligibility for probation or parole. We reverse the conviction and grant a new trial.

The facts of the case are relevant to appellant’s complaint that the trial judge failed to instruct on a lesser included offense. Eula…