State v. McGuire

KAROHL, Judge.

A jury convicted Michael McGuire of attempted rape, a violation of § 566.030 RSMo 1986. Defendant appeals the conviction and denial of his Rule 29.15 motion without an evidentiary hearing. We affirm.

The evidence, which supports the verdict, is as follows. On December 22, 1990, defendant and his wife picked up their five-year-old niece, J.K., from her mother’s home to spend two nights at their home. In the evening J.K. fell asleep in defendant’s bed, positioned between defendant and his wife. While his wife was sleeping, defendant committed acts that constitute the offense…