James v. Cupp

This is a post-conviction relief case in which petitioner appeals an adverse ruling by the trial court. We modify the judgment.

Petitioner raises several assignments of error, only one of which requires discussion. He was convicted on two counts of first degree sodomy, two counts of first degree rape and one count of first degree sexual abuse. The convictions all stemmed from one transaction and the crimes were all committed against one victim. The convictions were merged for sentencing; petitioner received a 14-year sentence. Nonetheless, petitioner has all five convictions on his record. He…