Webb v. State
Annotate this CaseAppellant Vincent Webb was convicted of the kidnapping and rape of a twelve-year-old girl and was sentenced as a habitual offender to concurrent sentences of forty years and life imprisonment. Appellant appealed, contending that the circuit court erred by refusing his request to instruct the jury that second-degree sexual assault was a lesser-included offense of rape. The Supreme Court affirmed the circuit court's refusal of Appellant's proffered jury instruction, holding that, consistent with Joyner v. State, the circuit court correctly determined that second-degree sexual assault requires proof of additional elements that rape does not, and therefore, it is not a lesser offense included in rape.
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