Harris v. State

OPINION

PARKS, Presiding Judge:

Rodney L. Harris, appellant, was convicted by jury of Second Degree Rape (21 *1361O.S.Supp.1983, § 1114) and First Degree Burglary (21 O.S.1981, § 1431), in Pottawatomie County District Court, Case No. CRF-84-107, before the Honorable Gary Brown, District Judge. Punishment was set at thirteen (13) and seven (7) years imprisonment respectively, in accordance with the jury’s verdict, to run consecutively. We affirm in part, and reverse in part.

In appellant’s first trial, a jury found him guilty of oral and anal sodomy, but failed to reach a verdict on the rape count and…