Ferguson v. State

HUNTER, Justice.

Defendant, Harry E. Ferguson, was convicted by a jury of attempted murder, Ind. Code §§ 35-41-5-1 and 35-42-1-1 (Burns 1979 Repl.); attempted rape, a class A felony, Ind.Code §§ 35-41-5-1 and 35-42-4-1 (Burns 1979 Repl.); and sentenced to forty years on each count, said sentences to be served consecutively. The jury further found that defendant was an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.) and the trial court ordered that defendant serve thirty more years consecutive to the above sentences. Defendant now appeals raising the following issues:

1. Whether the…