State v. Collins

Munson, J. *

John F. Collins appeals his convictions for first degree burglary, second degree rape, and second degree assault contending the trial court erred in: (1) not holding one of the resident's consent to enter the house constituted a valid defense to the burglary charge; (2) not granting his motions for, inter alia, new trial and disqualification of the judge because of presentencing publicity; (3) concluding the burglary and rape did not encompass the same criminal conduct; and (4) imposing an exceptional sentence. We dismiss the burglary charge and accordingly remand for resentencing.