James D. Nathaniel v. State Alaska

James Nathaniel was convicted of sexual assault in the first degree. Former AS 11.41.410(a)(1). He was sentenced by Judge Blair to twenty years imprisonment. Following this conviction, his probation on a prior conviction for assault with a dangerous weapon, former AS 11.15.220, was revoked and the remaining two years of that sentence were imposed by Judge Hodges to be served consecutively to the sexual assault sentence. Nathaniel appeals challenging his conviction, the sentence for the sexual assault, and the consecutive sentence for the probation violation. Nathaniel challenges the sexual assault conviction on two grounds. First, he contends that the trial court erred in refusing to give a lesser-included offense instruction on fourth-degree assault. AS 11.41.230. Second, he contends that the trial court erred in failing to grant his request for an instruction commenting on evidence of the victims failure to make a prompt complaint. We reverse.