State v. Simmons

HALL, Chief Justice:

(concurring and dissenting).

For the reasons enumerated below, I concur in affirming defendant’s sodomy convictions and dissent as to the reversal of defendant’s conviction for rape of a child. Further, inasmuch as defendant raises constitutional claims and issues of first impression, it is important to also address the efficacy of such points on appeal.

I

Under count three, defendant was convicted of sodomizing G. In this regard, G. testified at trial that when he was eleven years old, defendant initiated sexual contact with him. Apparently, on several occasions, defendant…