Capwell v. State

CARDINE, Justice.

This appeal is from appellant Christopher Capwell’s conviction of attempted first degree sexual assault for which he was sentenced to a term of not less than five nor more than ten years.

We will affirm the conviction but remand for resentencing.

On December 21, 1982 appellant, Cap-well, knocked on the door of the victim’s apartment asking to speak to “John.” The victim was home alone and informed Cap-well that no one named John lived there. She then called her husband at work, who agreed to return home immediately. Cap-well left but shortly thereafter returned to the apartment…