Smith v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Bradley J. Smith (Smith), appeals his sentence for rape by threatening deadly force, a Class A felony, Ind.Code § 85-42-4-1, and robbery, as a Class C felony, 1.C. § 35-42-5-1.

We affirm.

ISSUE

Smith raises one issue, which we restate as: Whether the trial court abused its discretion when it sentenced him.

FACTS AND PROCEDURAL HISTORY

On the evening of December 21, 1995, Smith came into contact with H.S., and took her into a garage near her home. Smith told H.S. that he would kill her if she did not have sex with him, and then he raped…