State v. Hart

KONENKAMP, Justice.

[¶ 1] William Hart appeals his conviction of attempted second degree rape. We affirm.

Facts

[¶ 2] After an evening on the town, drinking and playing pool at various establishments, Hart ended up at the Oasis Bar where he noticed a woman (the eventual victim) vomiting outside. He recognized her because they were neighbors at the Plaza Sands Motel in Rapid City. At approximately 1:30 a.m. on October 1, 1994, Hart and the victim decided to walk back to the motel together.

[¶ 3] As they walked through an unoccupied, unlit parking lot, Hart pushed her with both hands. She pushed…