State v. Cipriano

OPINION

HOWARD, Chief Judge.

Appellant was convicted of assault with intent to commit rape. From the judgment imposing a sentence of not less than nine nor more than twelve years in the Arizona State Prison, he appeals.

The facts considered in a light most favorable to upholding the jury verdict are as follows. On the morning of September 24, 1974, the victim was walking to work down Ninth Street towards Fourth Avenue in Tucson when she was approached by appellant who was walking in the opposite direction. As the two passed, appellant grabbed the victim’s buttocks stating, “I think I love you”…