Beasley v. State

PRENTICE, Justice.

The Defendant (Appellant) was convicted after a jury trial of Rape, a class A felony, Ind.Code § 385-42-4-1 (Burns 1979), found to be an Habitual Offender, Ind.Code § 35-50-2-8 (Burns Supp.1982), and sentenced to seventy (70) years imprisonment.

This direct appeal raises two issues:

1) Did the trial court err in denying Defendant's motion for a mistrial predicated upon revelation by the Prosecutrix of Defendant's prior crimes?

2) Whether the Court, during the habitual offender phase of the proceedings, gave an erroneous instruction regarding the consideration of penalties…