State v. Wilborn

GARY M. GAERTNER, Presiding Judge.

Appellant, Juan Wilborn, appeals from his jury convictions of rape and sodomy. The trial court sentenced appellant as a prior, persistent and class X offender to consecutive fifteen year terms of imprisonment. We affirm appellant’s rape conviction but reverse and remand his conviction of sodomy.

On November 22, 1988, appellant was living with his girlfriend and her six children. Appellant’s girlfriend and five of her children left the house early that afternoon and the victim, appellant’s girlfriend’s seven year old daughter, arrived home from school around…