State v. Wise

GORDON, Vice Chief Justice:

Appellant Clarence Issac Wise, Jr. was convicted of attempted sexual assault of a fourteen-year-old in violation of A.R.S. § 13-1406(A). After admitting a prior felony conviction, Wise was sentenced to seven and one-half years imprisonment.1 Wise appealed his conviction on the ground, inter alia, that he had been erroneously denied a jury instruction on sexual abuse, A.R.S. § 13-1404(A). Wise argued that he was entitled to that instruction because sexual abuse is a lesser included offense of sexual assault. The Court of Appeals reversed the conviction based on its…