Evans v. State

ON PETITION FOR REHEARING

DeBRULER, Justice.

Appellant Evans was convicted in a jury trial of five offenses, namely, confinement, two rapes, intentional murder and felony murder. In a second phase of the trial, the issues presented by a death sentence count were tried by jury and the jury recommended the death sentence. In a third phase of the trial, the capital sentencing hearing before the judge occurred. In a combined sentencing order, the trial judge ordered consecutive sentences of 20 years, 50 years, and 50 years for the three felonies and the death sentence for felony murder. No separate…