State v. Southard

OPINION

FOLEY, Judge.

Defendants Gary Sturdivant and Mark Southard appeal their convictions for aggravated robbery, second degree assault, and first degree criminal sexual conduct. They also appeal the trial court’s upward departure from the sentencing guidelines. We affirm.

FACTS

In August 1983, a 20-year-old woman living alone with her three-month-old daughter was raped and robbed in her apartment. On the afternoon of the assault the victim made tentative arrangements to meet Michael Cooper, whom she had known for several years but had only recently begun dating. Since Cooper had no car she…