People v. Smith

After a bench trial in the Circuit Court of Henry County, the defendant was convicted of one count of rape and one count of indecent liberties with a child. Both counts of the indictment were based on a single act of sexual intercourse on the same complainant, on the same day and at precisely the same time. Nevertheless, the defendant was convicted of both offenses and sentenced for both.

In his appeal, the defendant raises two issues. First, did the trial court err in entering judgment on the lesser included offense? Secondly, was the sentence of not less than 50 years nor more than 150 years…