State v. Farmer

WYNN, Judge.

From his conviction on the charge of attempted second-degree rape and sentence to a presumptive term of 94-122 months imprisonment, defendant — Michael Farmer — contends the trial court erred by (1) denying his motion to dismiss, (2) denying his motion to set aside the jury verdict, (3) improperly instructing the jury on the elements of attempted second-degree rape, and (4) denying his motion for a mistrial. We find no error in his trial.

At trial, the State’s evidence tended to show that, on 9 January 2000 at approximately 2:00 a.m., defendant gained access to a female’s apartment…