State v. Sapps

Gregory, Chief Justice:

Appellant was convicted of first degree criminal sexual conduct and kidnapping. He was sentenced to concurrent terms of thirty years and life imprisonment. We reverse and remand for a new trial.

The victim, a sixteen-year-old female, testified she was raped by appellant and his co-defendant, Zimmie Frank. She testified Frank forced her into the back seat of appellant’s car outside a club. Appellant drove to a deserted area and both men raped the victim. They then told her to get out of the car and they drove away. Zimmie Frank, who testified for the State after pleading…