State v. O'Dell

¶1 Sean O’Dell was convicted of second degree rape of a child and given a standard range sentence of 95 months. O’Dell committed this offense 10 days after his 18th birthday.

¶2 O’Dell raises two issues in this appeal: one challenge to his conviction and one challenge to his sentence. With respect to the conviction, he argues that the trial court erred by refusing to instruct the jury on the affirmative defense of reasonable belief that the victim — here, a 12-year-old girl — was at least 14 years old or less than 36 months younger than O’Dell, based on the victim’s declarations as to age.…