State v. Davis

JOHNSON, Justice.

This is a spousal rape case. We do not address whether the trial court properly allowed testimony of a social worker concerning battered woman syndrome and post-traumatic stress disorder, because this issue was not preserved for appeal and would not be fundamental error. We hold that the trial court did not abuse its discretion in denying a new trial based on newly discovered evidence, and we uphold a fixed three-year sentence as not unreasonable.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Jens Randall Davis (Randy) was charged with raping his estranged wife, Teresa Davis (Terri).…