State v. Goldenbaum

Harwell, Justice:

Appellant was convicted of first degree burglary and attempted first degree criminal sexual conduct. On appeal, he argues that the trial judge erred in refusing to instruct the jury on the elements of second and third degree burglary. We disagree and affirm the convictions.

Appellant and his wife lived across the hall from the victim in an apartment complex. The victim was awakened late one night by a knife-wielding man standing over her. During the loud, lengthy struggle to fend off the man’s sexual attack, the victim heard a knock at her apartment door. She broke free,…