State v. Sessions

STEWART, Justice:

The defendant, William Thomas Sessions, appeals his conviction of forcible sexual abuse, a third degree felony. 1 This appeal is based solely on the trial court’s refusal to give Sessions’ proffered jury instruction on diminished capacity. We affirm.

On June 9, 1979, Sessions entered an elevator on the third floor of a parking garage in Salt Lake City. A young woman was in the elevator on her way to the fifth floor where her car was parked. After the elevator doors closed, Sessions exposed his genitals, forcibly touched her breasts and genital area, grabbed her hand and pulled…