State v. Stearns

John Ray Stearns was convicted of second degree attempted rape and first degree robbery. He appeals his robbery conviction, alleging that the trial court erred in (1) denying his motion to dismiss; and (2) improperly instructing the jury in a manner he claims was a comment on the evidence. He further assigns error to the trial court's failure to treat the two convictions as encompassing the same criminal conduct for sentencing purposes. We affirm.

I

Facts

While walking alone to her home from a bus stop after dark, Diana Hoyt was suddenly struck from behind. A lengthy struggle ensued while the…