State v. DeRyke

— Patrick DeRyke appeals his convictions and sentencing for kidnapping in the first degree and attempted rape in the first degree. DeRyke argues that the to convict instruction given to the jury for the attempted rape charge deprived him of due process because it did not specify the degree of rape he allegedly attempted and did not set forth the elements of the crime of rape in the first degree. He also argues resentencing is necessary because: (1) his sentence for attempted first degree rape exceeds the statutory maximum for the offense; (2) his kidnapping conviction should have merged into…