State v. Harvey

NUGENT, Presiding Judge.

Larry Harvey appeals his conviction of attempted rape following a jury trial. The trial judge sentenced him to three years imprisonment. We affirm.

*795Defendant was charged in two counts with sodomy of his eleven-year-old stepdaughter, Rachelle, in violation of § 566.060,1 and in a third count with attempted rape of Rachelle in violation of § 566.060.2 All of the counts related to acts alleged to have been performed on or about June 16, 1979. A mistrial was declared as to the sodomy counts.

Trial commenced on July 28, 1980. The state made an oral motion in limine that any…