State v. Roten

GREENE, Judge.

Jimmy Dean Roten (defendant) appeals from judgments and commitments entered upon jury verdicts finding him guilty of attempted second degree sexual offense and first degree burglary.

Defendant was indicted and tried for first degree sexual offense and first degree burglary. The burglary indictment alleged that defendant unlawfully, willfully, and feloniously during the nighttime did break and enter the occupied dwelling house of Ms. Betty Jean Wyatt “with the intent to commit a felony therein: first degree sexual offense.”

At trial, the trial court did not give a preliminary…