Arnett v. State

Appellant was charged with and convicted of assault and battery with intent to commit rape and sodomy. On the assault and battery with intent to commit rape charge appellant was sentenced for not less than one year nor more than 10 years. On the sodomy charge he was sentenced for not less than two years nor more than 14 years and fined $100.00. From this sentence the appellant appeals and argues four propositions which we consider.

I

At the time of sentencing the trial court had before it the Probation Officer’s presentence report which it had previously ordered prepared pursuant to IC…