State v. Patton

OPINION

GRANT, Judge.

Appellant was charged with molestation of a child in violation of A.R.S. § 13-1410. 1 At the trial, over appellant’s objection, the trial court instructed the jury that the crime of sexual abuse under A.R.S. § 13-1404 2 was a lesser included offense of child molesting. The jury returned a verdict of guilty of sexual abuse. The defendant appeals from the judgment and sentence of the trial court.

Appellant argues that the trial court erred by instructing the jury that sexual abuse is a lesser included offense of child molesting, and that the offenses in question violate…