State v. Del Fox

Defendant was convicted of attempted sodomy in the first degree, ORS 163.405, kidnapping in the first degree, ORS 163.235, assault in the fourth degree, ORS 163.160, and menacing. ORS 163.190. He appeals his convictions for attempted sodomy in the first degree and kidnapping in the first degree, contending that the trial court erred in denying his motion for acquittal on the charge of kidnapping and in failing to give his requested instruction on attempted sexual abuse as a lesser included offense of sodomy.

These facts are undisputed. After an evening drinking at two local bars, the victim…