Simmons v. State

Sam Bird, Judge.

Appellant Booker Simmons was convicted in a non-jury trial of criminal attempt to commit capital murder, a Class A felony. He was sentenced to 240 months in prison. On appeal, Simmons contends (1) that the trial court erred in denying his motion to dismiss because the State failed to establish by substantial evidence essential elements of the charged offense; and (2) that the evidence presented was insufficient to support a finding of guilt because the State’s case was based entirely on circumstantial evidence. Because we find that there was substantial evidence in this case…