State v. Johnson

WHICHARD, Justice.

Defendant was convicted of two counts of first degree rape, first degree kidnapping, assault with a deadly weapon with intent to kill inflicting serious bodily injury, and assault with a deadly weapon. He was sentenced to two consecutive life terms for the rapes, thirty years (consecutive) for the kidnapping, and eight years (consecutive) for the assaults. We find no error in the guilt phase but remand for resentencing.

The State’s evidence, in pertinent summary, showed the following:

At approximately 1:00 a.m. on 2 November 1985 defendant approached the victim in a parking…