Pettiway v. State

Timothy Dean Pettiway was convicted for two crimes of sexual misconduct and for kidnapping in the second degree. Sentence was twelve months' imprisonment in the county jail on each conviction for sexual misconduct and three years' imprisonment in the state penitentiary for kidnapping. All three sentences were ordered to run concurrently. Three issues are raised on this appeal from those convictions.

I

Pettiway argues that the refusal of the trial judge to instruct the jury on unlawful imprisonment constitutes error because unlawful imprisonment in the second degree is a lesser included offense…