Cook v. the State

PHIPPS, Presiding Judge.

A jury found Timothy Cook guilty of rape. The trial court denied Cook’s motion for new trial, and he appeals. Cook argues that (i) the evidence was insufficient to support his rape conviction, (ii) the trial court erred in instructing the jury, and (iii) he was denied effective assistance of trial counsel. Cook also claims that he was improperly sentenced asa recidivist. F or the reasons that follow, we hold that the evidence was sufficient, the trial court did not err in instructing the jury, and Cook was not denied effective assistance. However, the court erred in…