Apodaca v. State

CARDINE, Justice.

Vincent Apodaca was convicted of attempted sexual assault under W.S. 6-1-301 and 6-2-302(a)(i) for an attack upon his 65-year-old neighbor. Apodaca claims the evidence showed he abandoned and renounced his effort. He challenges the denial of his motion for acquittal based upon the alleged abandonment.

We affirm.

Apodaca frames the sole issue as whether

“[t]he District Court Erred by Refusing to Enter a Judgment of Acquittal in Favor of Appellant both at the Conclusion of Appellee’s Case and After the Jury Returned a Verdict of Guilty.”

On Christmas Eve of 1988, AM, a 65-year-old…