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Chapman v. State

The defendant failed to show prejudice from his attorney's failure to file special demurrers to the attempted burglary and attempted rape charges because it would not have prevented the State from re-indicting and trying the defendant.

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Following a jury trial, William Kenny Chapman, II appeals from his conviction of attempted burglary1 and attempted rape.2 Chapman contends that 1 he received ineffective assistance of counsel because trial counsel a failed to file a demurrer to the defective indictment, b failed to move for a directed verdict, c failed to request jury instructions on lesser included offenses, and d opened the door to damaging character evidence. Chapman also argues that 2 the evidence was insufficient to support the guilty verdict, 3 the trial court inappropriately commented on the evidence, and 3 the trial court erroneously admitted similar transaction evidence. For the reasons that follow, we affirm.

Construed in favor of the verdict,3 the evidence shows that at around 1:00 or 2:00 a.m., 15-year-old A. R. was going to sleep in her room in a mobile home. She was disturbed by scratching noises at the air conditioning unit mounted in her bedroom window. She screamed for her mother, who came and reassured her that the sound were probably nothing to worry about. A. R. again heard the noise and called her mother, and they looked out the window to see an unknown male at the window. A. R. and her mother fled to the living room, where the mother called the police as she confronted the stranger who was now looking in the living room window.

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