State of Missouri v. James Rayburn

Introduction

Appellant James Rayburn (“Rayburn”) appeals from the judgment of the trial court convicting him of attempted forcible sodomy, Section 566.060. 1 Following a bench trial, the trial court sentenced Rayburn to seven years in prison. Rayburn now challenges the sufficiency of the evidence to support his conviction, alleging that there is no evidence that he took a substantial step toward completion of the offense. Rayburn contends the evidence shows that he withdrew from his plan to commit forcible sodomy on Victim, which demonstrates his lack of intent to act on his threat and…