State v. Gunderson

Appellant David Wayne Gunderson (Gunderson) appeals the judgment of the First Judicial District Court, Broadwater County, upon a jury verdict finding him guilty of one count of sexual intercourse without consent. We affirm.

Gunderson presents three issues on appeal:

1. Did the District Court abuse its discretion in failing to instruct the jury, sua sponte, that sexual assault was a lesser-included offense of sexual intercourse without consent?

2. Did the District Court abuse its discretion in sentencing Gunderson as a persistent felony offender?

3. Did the District Court abuse its discretion in…