State v. Ware

SMITH, Judge.

Defendant appeals from his convictions of first degree murder and forcible rape. He was tried as a prior offender and the court sentenced him respectively to life imprisonment without probation or parole and life imprisonment, the sentences to be consecutive. We reverse and remand the murder conviction and affirm the rape conviction. Defendant has also appealed from the denial of his post-conviction Rule 29.15 motion. We dismiss that appeal as moot.

The victim was a fourteen year old girl who had had sexual relations with defendant previously. Defendant, twenty-two, rode his…