State v. Gates

INMAN, Judge.

*733 Curtis Ray Gates, Jr. ("Defendant") appeals his convictions for second-degree sex offense and breaking or entering. We vacate and remand for entry of judgment convicting him of attempted sexual offense and breaking or entering because the indictment charging Defendant alleged only an attempted and not a completed sex offense. We also overrule Defendant's claim that he received ineffective assistance of counsel.

I. Background

The State's evidence at trial was as follows:

Around 7:30 a.m. on 10 May 2013, KL 1 was sexually assaulted by a man in her home. She had first met her attacker…