State v. Austin

OPINION

TOUSSAINT, Chief Judge.

Appellant James Jean Austin challenges his conviction of second-degree criminal sexual conduct and burglary, arguing that the state did not establish the intent element of the criminal-sexual-conduct charge. Because we conclude that the doctrine of transferred intent applies to establish the intent element and that appellant possessed the requisite intent despite any alleged intoxication, we affirm.

FACTS

Appellant spent most of July 29, 2008, with his uncle and his cousin in the uncle’s apartment. Appellant consumed about two dozen 12-ounce cans of malt liquor and…