Alexander v. State, No. 1999-KA-01093-COA.

• Decision Date: 31 October 2000
• Docket Number: No. 1999-KA-01093-COA.
• Citation: 770 So.2d 1017
• Parties: George Lee ALEXANDER, Appellant, v. STATE of Mississippi, Appellee.
• Court: Mississippi Court of Appeals

770 So.2d 1017

George Lee ALEXANDER, Appellant, v. STATE of Mississippi, Appellee.

No. 1999-KA-01093-COA.

Court of Appeals of Mississippi.

October 31, 2000.

David O. Bell, Oxford, Attorney for Appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

BEFORE KING, P.J., LEE, AND MYERS, JJ.

KING, P.J., for the Court:

¶ 1. George Alexander (Alexander) perfected this appeal from an order of the Lafayette County Circuit Court denying his motion for judgment notwithstanding the verdict. Alexander was convicted of attempted sexual battery and sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. Alexander's allegation of error, as taken from his brief, is that the trial court erred in denying defense motions to dismiss for the State's failure to produce sufficient evidence to convict.

FACTS

¶ 2. Alexander was released from Parchman after serving ten years on an attempted rape charge. One week after release he entered a health center and assaulted a female staff member (I.M.). I.M. was checking vital signs of a care center resident when Alexander entered the room and began beating I.M. about the face, shoulders, and head. Alexander then dragged I.M. across the room to an unoccupied bed, where he unbuttoned her shirt and pants, and positioned himself between her legs. While Alexander was so engaged, another employee entered the room and observed what was happening. I.M. called out to her for help. Alexander halted his efforts until the employee left the room, after which he pushed I.M. back on the bed and continued his attempt to disrobe her. The employee returned with help from other nursing home staff, at which point Alexander ran from the room and left the premises.

¶ 3. While fleeing the scene, Alexander left a bag containing his release papers from the Mississippi Department of Corrections. The information contained in the bag provided the police with Alexander's identification and place of residence. Alexander was arrested a short distance away from the center at his brother's home.

¶ 4. In November 1998, a Lafayette County jury convicted Alexander of attempted sexual battery. Alexander was sentenced to twenty years in the custody of the Mississippi Department of Corrections. After Alexander's post trial motions were denied, this appeal followed.

ANALYSIS

¶ 5. Alexander argues that there was not enough evidence to convict him of attempted sexual battery because his acts did not constitute a substantial step toward the commission of the crime. He suggests that the failure to state his intent to I.M. means he could not be guilty of attempted sexual battery.

¶ 6. In determining challenges to the legal sufficiency of the evidence, the Court views the evidence in a light most favorable to the State. McClain v. State, 625 So.2d 774, 778 (Miss.1993); Fox v. State, 756 So.2d 753 (¶ 13) (Miss.2000). If sufficient evidence exists to support the jury's verdict, then the conviction will stand. McClain, 625 So.2d at 778. In the case at bar, the State was obligated to provide sufficient evidence to prove the elements of attempted sexual battery. On a charge of attempted sexual battery, the State must show that an overt act toward sexual penetration occurred and the defendant either failed or was prevented from completing the actual penetration. West v. State, 437 So.2d 1212, 1214 (Miss.1983).

¶ 7. The Mississippi Supreme Court has long held that an...