Zollatz v. State

DeBRULER, Justice.

Appellant, Richard E. Zollatz, was convicted by a jury in Allen Circuit Court in March, 1979, of rape, Ind.Code § 35-42-4-1(a), and criminal deviate conduct, Ind.Code § 35-42-4-2(a), both class A felonies. He was sentenced to thirty years in prison on each count, the terms to run concurrently.

In this direct appeal, Zollatz challenges the sufficiency of the evidence on the element of identification and on the element of the use of a weapon or the threat of deadly force.

On review of sufficiency claims, the Court will not weigh the evidence nor will it resolve questions of…