for the Court:
¶ 1. Gеorge Alexander (Alexander) perfected this appeal from an order of the Lafayette County Circuit Court denying his motion for judgment notwithstanding
FACTS
¶ 2. Alexander was released from Parch-man 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 chеcking 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, аnother employee entered the room and observed what was hapрening. I.M. called out to her for help. Alexander halted his efforts until the employеe 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, аt which point Alexander ran from the room and left the premises.
¶ 3. While fleeing the sсene, Alexander left a bag containing his release papers from the Mississippi Department of Corrections. The information contained in the bag prоvided the police with Alexander’s identification and place of residenсe. 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 wеre 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 attemptеd sexual battery.
¶ 6. In determining challenges to the legal sufficiency of the evidenсe, the Court views the evidence in a light most favorable to the State. McClain v. State,
¶ 7. The Mississippi Supreme Court has lоng held that an attempt requires an intent to commit a particular crime, an оvert act toward the commission of the crime, and the failure to complеte the crime as a result of extraneous causes. Bucklew v. State,
¶ 8. “Whenever the design of a person to commit crime is cleаrly shown,
¶ 9. THE JUDGMENT OF THE CIRCUIT COURT OF LAFAYETTE COUNTY OF CONVICTION OF ATTEMPTED SEXUAL BATTERY AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. LAFAYETTE COUNTY IS TAXED WITH ALL COSTS OF THIS APPEAL.
