State v. DeRyke

41 P.3d 1225 (2002)

STATE of Washington, Respondent,

v.

Patrick A. DERYKE, Appellant.

No. 47491-0-I.

Court of Appeals of Washington, Division 1.

March 11, 2002.

Cheryl Aza, Seattle, for Appellant.

Erik Pedersen, Skagit County Pros. Atty., Mount Vernon, for Respondent.

AGID, C.J.

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…