Palmer v. State

Banke, Chief Judge.

The defendant was convicted of two counts of burglary, one count of rape, and one count of aggravated assault. In this appeal, he contends that the two burglary convictions must be set aside because they merged with the underlying rape and aggravated assault convictions. Held:

The burglary convictions were based on evidence that the appellant raped one of the victims and assaulted the other with intent to rape after unlawfully entering their apartments. This court has considered the question of merger in factually identical settings and has held the offense of burglary to be…