McGill v. State

MILLER, Judge.

A jury found defendant-appellant James F. McGill guilty of criminal deviate conduct as the result of an alleged sexual assault on his former sister-in-law, R.C. Having been charged with only attempted rape, McGill contends he was convicted of a crime for which he was never charged under guise of portraying deviate conduct as a lesser included offense of attempted rape. We find criminal deviate conduct is neither a “necessarily” included lesser offense of the charged crime, attempted rape, nor a “factually” included lesser offense found within the charge itself. We, therefore,…