State v. Moncayo

HAYS, Justice.

On October 30, 1975 a jury returned verdicts of guilty on two counts of rape, first degree, against appellant, Frank B. Moncayo. He was sentenced, thereafter, to two concurrent terms of seventeen years to life. Although his notice of appeal specifies only an appeal from the sentence, the briefs filed in his behalf raise several issues, none of which challenge the sentence. In view, however, of the serious nature of the charge, and the sentence imposed, we will not penalize appellant for his attorney’s error and will consider all the issues raised, as well as the sentence.

We have…