State v. Radford

Defendant appeals from convictions for rape in the first degree, ORS 163.375, and incest, ORS 163.525, after a jury trial. He assigns as error the trial court’s refusal to instruct the jury as to the lesser included crime of sexual abuse in the first degree.1 ORS 163.425. We affirm.

Defendant was charged with rape in the first degree and incest. During voir dire, his trial counsel requested certain jury instructions, but not any lesser included crime instructions. After both sides had concluded their closing arguments, he made a request that the jury be instructed on the elements of the lesser…