This section contains the nature of the case and procedural background.

Collie (D) and his wife were estranged. D came to visit his wife, and when he entered the house, his daughter went to her room and remained there. D wanted his wife to drink and have sex, but she refused. D bound her hands and feet and forcibly sodomized her. He taped her mouth, ransacked the bedroom, left and locked the bedroom door. Around midnight, she smelled gas and managed to free herself. She discovered the gas stove turned on unlit and in the dining room was a lighted candle surrounded by combustible material. The daughter was safe in her own bedroom. D was conviction of attempted first-degree murder, attempted second-degree murder, and forcible sodomy. D appealed.

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