State v. Gallegos

Webster, A.C.J.

Francis R. Gallegos appeals his conviction of attempted second degree rape. He asserts that the information, which originally charged him with second degree rape, was constitutionally defective because it omitted the essential element of engaging in sexual intercourse with another person, and was not amended to charge him with attempted second degree rape until after the jury entered its verdict. Gallegos further asserts that the trial court erred in limiting his cross examination of the victim's husband, and in refusing his proposed instruction on voluntary intoxication. We…