Church v. State

OPINION

DOUGLAS, Judge.

Keith Alan Church was indicted for aggravated rape. He was convicted for attempted aggravated rape. Punishment was assessed by the jury at twenty years. He appeals.

He challenges the sufficiency of the evidence to show that the attempted rape was aggravated. He admits that the evidence would have been sufficient to support a conviction for attempted rape but contends that there was no evidence that he attempted to compel “submission to the rape by threat of death, serious bodily injury, or kidnapping to be imminently inflicted on anyone”, under V.T.C.A., Penal Code,…