Totten v. State

PRENTICE, Justice.

Defendant (appellant) appeals his convietion by a jury of attempted rape, a class B felony, Ind.Code § 35-41-5-1 and Ind.Code § 35-42-4-1 (Burns Code Ed.1979). He was sentenced to twelve (12) years imprisonment.

Defendant presents two issues for our review:

1. Whether the evidence is sufficient to support his conviction. Specifically, he argues the evidence is insufficient to prove that he used force in attempting to have sexual intercourse with the victim.

2. Whether the trial court's findings are inadequate to support enhancement of the presiamptive sentence from ten (10)…