State v. Shinn

A jury found James Douglas Shinn (“Defendant”) guilty of the attempted forcible rape of his estranged wife (“Victim”). See section 566.030.1 After hearing evidence at the subsequent penalty phase of the trial, the jury recommended a six-year sentence. The trial court subsequently denied original and supplemental motions for a new trial and entered a judgment of conviction that imposed the six-year sentence recommended by the jury.

Defendant now appeals, claiming the trial court committed reversible error by: 1) imposing its six-year sentence based upon a “mistaken belief’ that it was bound by…