State v. Stephens

MAUS, Judge.

By information, the defendant was charged with forcible rape. By separate information, he was charged with burglary by unlawfully entering the home of the victim for the purpose of committing rape. The charge of rape was tried with a jury. The jury found the defendant guilty. He was sentenced to imprisonment for five years. Thereafter, by stipulation, the charge of burglary was submitted for trial by the court upon the basis of the evidence in the rape trial. The court found the defendant guilty. Pursuant to the stipulation, the defendant was sentenced to a second term of five…