Thomas v. State

McMILLIN, C.J.,

FOR THE COURT.

¶ 1. Willie Lee Thomas was convicted of attempted sexual battery of a nineteen year old severely mentally retarded female. He has appealed his conviction raising two issues that, in actuality, involve the same proposition of law. Thomas claims that the scientific evidence, including DNA testing, showed beyond reasonable dispute that he, in fact, accomplished the intended crime of sexual battery and that this constitutes an absolute defense to a charge of attempted sexual battery.

¶ 2. There is statutory authority for the proposition that the State may not properly…