State v. Gennoe

OPINION

WADE, Judge.

The defendant, Tony Gennoe, and his co-defendant, Randy Knox, were tried for aggravated rape and aggravated kidnapping. The jury received instructions on the lesser offense of sexual battery. Each was found guilty of facilitation of sexual battery, a Class A misdemeanor. The defendant was sentenced to 11 months and 29 days in the county jail. No fine was imposed.

Two issues have been presented for review:(1) whether the jury’s failure to convict Knox of sexual battery barred the defendant’s conviction for facilitation of sexual battery; and(2) whether the trial court erred…