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Criminal Law: Attempted Sexual Abuse-Sufficiency of Evidence-Jury Instructions
Staff Report//April 8, 2019
Criminal Law: Attempted Sexual Abuse-Sufficiency of Evidence-Jury Instructions
Staff Report//April 8, 2019
Where a defendant challenged his conviction for attempted sexual abuse, the defendant’s statement to police that he intended to see and touch the victim’s breasts was direct evidence of intent and the defendant took a substantial step toward that purpose by hiding in a women’s restroom and attacking the victim, so the evidence was sufficient to support the conviction, and the judgment is affirmed because the verdict director adequately stated all of the elements of attempted sexual abuse, but the case is remanded for a nunc pro tunc order correcting the written sentence and judgment.
Judgment is affirmed; remanded.
State v. Bjorgo (MLW No. 73020/Case No. WD81191 – 14 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Clay County, Alexander, J. (Eric S. Schmitt and Julia E. Rives, Jefferson City, for respondent) (Steven Willibey, Kansas City, Missouri, for appellant).
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