State v. Rae

GUTIERREZ, Judge.

Lonny Duane Rae was charged with malicious harassment, a felony. After a jury trial, he was acquitted of this charge, but found guilty of assault, as a lesser included offense of malicious harassment. Rae appeals from this judgment of conviction arguing, among several other matters, that assault is not a lesser included offense of malicious harassment. We agree and therefore vacate and remand.

I

FACTUAL AND PROCEDURAL HISTORY

A playoff football game occurred between Council High School and another high school in October 2000. The officials for the game were not local to Council,…