State v. Delarosa-Flores

Green, A.C.J.

Gustavo Delarosa-Flores, then 30 years old, was found guilty by a jury of three counts of first degree rape, one count of first degree burglary and one count of first degree robbery. Mr. Delarosa-Flores was sentenced outside the standard range to 360 months on each count, to be served concurrently. We affirm the conviction, but reverse and remand for resentencing.

Mr. Delarosa-Flores contends the court committed reversible error by (1) allowing the State a short recess to consult with the victim during her direct examination, and (2) imposing an exceptional sentence.

The crimes…