P. v. Jemison
A jury found defendant Terrence Dewayne Jemison guilty of unlawful sexual intercourse with a minor more than three years younger than himself. The trial court suspended imposition of sentence and placed defendant on formal probation for three years with conditions.
On appeal, defendant contends the trial court erred by not giving a jury instruction on the lesser included offense of attempted unlawful sexual intercourse. The People assert the evidence of attempted unlawful sexual intercourse was not substantial enough to require the court to give a jury instruction on that offense. Court agree with the Peoples argument and therefore affirm.
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