Pennington v. State

GIVAN, Justice.

A jury trial resulted in a conviction of appellant for Rape and Criminal Deviate Conduct. He received two concurrent thirty (80) year terms of imprisonment. Although appellant was sentenced on December 4, 1985, no further action was taken until October 17,1986 when appellant filed his belated motion to correct error by permission of the court. Upon denial of that motion, this appeal was commenced.

The facts are: On October 8,1984, Alvin Prater and Gregory Ray Pennington, appellant herein, ate dinner with the victim and her husband at their trailer. The three men then left the…