State of Arizona v. Earl Jefferson Causbie

OPINION

MILLER, Judge:

¶ 1 Earl Causbie appeals from his conviction for sexual assault, for which he was sentenced to 5.25 years’ imprisonment. He argues the trial court erred by refusing his proposed jury instructions on the meaning of “without consent” in the context of alcohol consumption by the victim. Alternatively, he contends the statutory definition of “without consent” is unconstitutionally vague. For the reasons that follow, we affirm.

Factual and Procedural Background

¶ 2 We view the facts and all reasonable inferences therefrom in the light most favorable to upholding the jury’s…