State v. Aby

After trial to the court the defendant was convicted of first degree sexual assault and felony debauching of a minor. He was sentenced to 15 years imprisonment on the first count and 2 years imprisonment on the second count, the sentences to run concurrently. He has appealed and contends the evidence is insufficient to support the conviction; the State should have been required to elect between the counts because count II was a lesser-included offense of the crime charged in count I; and the sentences are excessive.

The record shows that the defendant is 33 years of age. On October 22, 1976,…