Turner v. State

ANSTEAD, Judge.

This is an appeal from a conviction for attempted sexual battery involving the use of force likely to cause serious personal injury.1 The appellant claims error in the trial court’s refusal to instruct the jury on attempted sexual battery involving the use of force not likely to cause serious personal injury.2 We affirm.

Turner was charged, tried, and convicted of attempted sexual battery. The victim testified that after being forced into a vehicle and driven to an isolated area near an orange grove, she was knocked to the ground by Turner and her clothing forcibly removed. She…