State v. Bryan

Greene, J.:

Randy Bryan appeals his conviction of lewd and lascivious behavior, claiming insufficient evidence and failure to instruct on lesser included offenses. His principal argument is that such behavior is no completed crime when the victim is asleep, and that the evidence supported only an attempt to commit lewd and lascivious behavior. We reject Bryan’s argument and affirm his conviction.

Factual and Procedural Overview

H.B. is the eldest daughter of defendant Bryan and was 13 years of age on the date of the offense charged. Her mother (Bryan’s wife) awoke in the early morning hours and…