State v. Sims

OPINION

EUBANK, Judge.

This is an appeal from a judgment of conviction for aggravated battery. The appellant raises two issues for our consideration. First, he argues the evidence submitted was insufficient to support a conviction of aggravated battery, and second, he contends A.R.S. § 13-245(A) is unconstitutionally vague. However, before we examine appellant’s contentions it is necessary to discuss two preliminary questions raised in the State’s answering brief. These are: first, whether the crime of aggravated battery is a lesser included offense of sodomy; and second, whether the appellant…