Stewart v. State

GIVAN, Justice.

A jury trial resulted in a conviction of Burglary, a Class A felony, and Rape, a Class B felony. Appellant was also found to be an habitual criminal. He was sentenced to twenty-five (25) years for burglary and fifteen (15) years for rape. The burglary sentence was enhanced by thirty (30) years on the finding of being an habitual criminal.

The facts are: On the evening of July 7, 1982, at approximately 8:00 p.m., the victim was asleep on the couch in her apartment when she awoke to see two men standing in the kitchen. She immediately screamed, whereupon one man grabbed her, threw…