State v. Locklear

CALABRIA, Judge.

Donald Wayne Locklear ("defendant") appeals from judgments entered upon jury verdicts finding him guilty of first-degree rape and first-degree burglary. We find no error at trial but remand for resentencing.

On 30 December 1999, Amy Barrineau ("victim") was at her residence with her two minor children, ages eight months and two years. The victim fell asleep watching television on her couch at approximately 11:00 p.m. Soon after, she was awakened by defendant pulling her off the couch. Defendant put his arm around her neck and placed what she thought was a knife to her throat.…