State v. Johnson

SHRUM, Judge.

The defendant Ricky N. Johnson was found guilty by a jury of attempted forcible rape and sentenced by the court as a prior offender to a term of 20 years’ imprisonment. In case No. 16925, Johnson appeals from the judgment and sentence.

As the single point in his direct appeal, Johnson argues that the trial court erred in denying his request that the jury be given a class A misdemeanor third-degree assault instruction as a lesser included offense of the attempted rape charge. We reject this claim and affirm the judgment.

Johnson sought postconviction relief, pursuant to Rule 29.15,…