Miller v. State

McMurray, Presiding Judge.

Defendant Miller appeals his conviction of the offenses of rape and aggravated sodomy. Held:

1. Defendant was initially charged by indictment number CR92-2757 with the offenses of which he was convicted. During the investigation of those charges, police discovered evidence of an earlier offense of rape against a different victim resulting in a second indictment charging rape, indictment number CR93-0238. The State filed a motion to join the indictments for trial and defendant enumerates as error the grant of that motion. Defendant was acquitted of the charges in the…