Benjamin v. State

Branch, Judge.

James Troy Benjamin was tried and convicted of rape and kidnapping with bodily injury and sentenced to two concurrent life sentences. Following the denial of his motion for new trial, Benjamin appeals, contending that trial counsel was ineffective and that the trial court failed to properly answer a question from the jury.

Construed in favor of the guilty verdict, the evidence presented at trial shows that at about 2:00 a.m. Saturday morning July 19, 2008, a man spoke to the 57-year-old female victim and then attacked her, choked her, dragged her behind a house located at 2405…