Thomas v. State

PIVARNIK, Justice.

Defendant-Appellant Anthony Thomas was found guilty by a jury in the Marion County Superior Court of attempted rape, a class B felony, and confinement, a class D felony. The trial court sentenced Thomas to a term of two (2) years for the confinement conviction and fifteen (15) years for the attempted rape conviction, the sentences to run concurrently. Two issues are presented for our consideration in this direct appeal:

1. sufficiency of the evidence; and

2. error in sentencing.

The facts show that during the early evening hours of November 18, 1985, E.F., and her two-year old…