Stwalley v. State

SHEPARD, Chief Justice.

Upon charges that appellant Gary Stwal-ley broke into the home of the victim and forced her to submit to sexual intercourse, a jury found him guilty of rape, a class B felony, Ind.Code § 35-42-4-1 (Burns 1985 Repl.); child molesting, a class C felony, Ind.Code § 35-42-4-3 (Burns 1985 Repl.); and burglary, a class B felony, Ind.Code § 35-43-2-1 (Burns 1985 Repl.). The trial court sentenced him to consecutive sentences of twenty years for rape, eight *231years for child molesting and twenty years for burglary.

We address five issues on direct appeal:

I. Whether Stwalley’s…