State v. Garza

Following a jury trial in district court, the defendant, Steven R. Garza, was found guilty of attempted first degree sexual assault and sentenced to 4 to 6 years in prison. He has appealed and assigned as error the trial court’s refusal to instruct the jury on what Garza claims are the lesser-included offenses contained within the attempted first degree sexual assault charge and the court’s overruling the defendant’s motion for mistrial.

The record shows that on the night of September 20,1988, a group of teenagers were drinking beer at Carl Ziemba’s apartment. At some point during the evening,…