Evans v. State

BROWN, Justice.

In case No. 5730 a district court jury found appellant guilty of sexual assault in the first degree and determined that he was an habitual criminal. The trial court imposed a single sentence of life imprisonment. Appellant appeals from this judgment and sentence. In case No. 5736 the State filed a bill of exceptions saying that the trial judge should have imposed a separate sentence for each, the sexual assault conviction and the determination that appellant was an habitual criminal. The two cases were consolidated on appeal.

The issues in case No. 5730 are:

1. Was there…