Weaver v. State

Banke, Chief Judge.

Rex Allen Weaver was convicted of rape, aggravated assault, burglary, false imprisonment, and possession of a knife during the commission of a felony. A motion for a new trial was granted as to the burglary conviction but denied as to the remaining convictions. This appeal followed.

At trial Weaver admitted that he had gone to the victim’s home carrying a knife under his coat, gained entrance by asking to use her phone, and had sexual relations with her after brandishing the knife; however, he maintained that he believed she had consented. Shortly after the incidents…