State v. Patten

Memorandum Opinion

The defendant appeals his conviction for attempted felonious sexual assault, arguing that he abandoned his criminal purpose to penetrate the victim. The Superior Court (Murphy, J.) disagreed, and we affirm.

RSA 629:1, I, defines the inchoate crime of attempt. Under RSA 629:1, III, voluntary renunciation of criminal purpose constitutes an affirmative defense to prosecution for attempt. In the case at bar, the defendant concedes that he attempted to commit aggravated felonious sexual assault, but argues that the trial court erred in not finding, as a matter of law, that he…