State v. Thorpe
Annotate this CaseAfter a jury trial, Defendant was convicted of one count of criminal attempt to commit sexual battery by an authority figure. Defendant appealed, arguing that the trial court erred by including criminal attempt to commit sexual battery by an authority figure in its jury instructions as a lesser-included offense of sexual battery by an authority figure. The Court of Criminal Appeals affirmed. The Supreme Court affirmed, holding (1) the trial court did not err by including a jury instruction for criminal attempt as a lesser-included offense of sexual battery by an authority figure; and (2) the evidence at trial was sufficient for a jury to convict Defendant of criminal attempt to commit sexual battery by an authority figure.
Court Description: Authoring Judge: Justice Jeffrey S. Bivins
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