State v. Kelly

DURHAM, Justice:

Defendant James Kelly entered a plea of guilty to the charge of sexual abuse of a child and was convicted, following a bench *145trial, of the offense of rape of a child. On March 27, 1987, he was sentenced to a one-to fifteen-year term on the sexual abuse charge and a minimum mandatory ten-year term for the rape, the terms to run concurrently. On this appeal, defendant argues that the trial court abused its discretion in sentencing him to a minimum mandatory term of ten years rather than five years on the rape charge. He claims that the trial court failed to correctly apply the…