In an unpublished opinion Friday, the Kansas Court of Appeals upheld the conviction and sentence for a Texas man found guilty in Reno County of aggravated sexual battery and sentenced to 47-months in prison, or just under four years by Judge Tim Chambers.

Riffe had been charged with attempted rape, and aggravated kidnapping, but the jury found him “not guilty” on those charges.

The crime occurring in the early morning hours of October 31st, of 2010, when Riffe offered the victim a ride home from the Grand Slam nightclub, and the victim alleged that he tried to sexually assault her in the driveway of Hospice House, but the defendant denied that there was anything forced and that the victim was extremely intoxicated. The defendant also told the jury that she wanted him and was into him. But, he says they didn’t have sex because he believed she was to intoxicated.

Judge Chambers at sentencing told the defendant, it wasn’t a wrong moral judgment, it was a violent crime and he ordered the sentence executed.

Judge Chambers also denied a defense request for an appeal bond of 75-thousand dollars and set it at a half million.