State v. Frazier

*501Toal, Justice:

Bobby Frazier was convicted of assault with intent to commit criminal sexual conduct in the first degree and assault and battery of a high and aggravated nature (ABHAN). He received a ten year and twenty year sentence to be served consecutively. On appeal, he contends that his conviction and sentence for both offenses violated the constitutional prohibitions against double jeopardy. We disagree and affirm.

FACTS

On June 24, 1987, Sheila Oliphant went to the IGA to use the pay telephone. At approximately 11:00 p.m., she completed her call and began to walk home. Frazier ran up…