Malone v. State

PIVARNIK, Justice.

Appellant Alonzo Malone was tried by a jury in the Elkhart Superior Court and found guilty of rape, a class B felony according to Ind.Code § 35-42-4-1 (Burns 1979), burglary, a class B felony according to Ind.Code § 35-43-2-1 (Burns Supp.1982) and battery resulting in serious bodily harm, a class A misdemeanor according to Ind.Code § 35 — 42-2-1 (Burns Supp.1982). The trial court found that the burglary and battery offenses merged into the rape conviction. On November 26, 1980, Malone was sentenced to fourteen years imprisonment on the rape. He now directly appeals.

Appellant…