State v. Morrow

BERREY, Judge.

The appellant was convicted by a jury of attempted rape and the jury assessed his punishment at two and one-half (2½) years imprisonment. Inasmuch as appellant chose not to furnish the court with a statement of facts we rely upon those facts1 presented by respondent.

M.N.M., a thirteen year old, was living in an apartment with her mother and stepfather. She arrived home from school about 3:45 on November 21, 1988, and began doing her homework. After completing it, she was looking out the window when her stepfather, the defendant-appellant, grabbed her around the waist and dragged…