Sanders v. State

Pope, Judge.

Defendant Mark Allen Sanders was convicted of rape, two counts of aggravated sodomy, kidnapping and possession of a knife during the commission of a crime, following a second trial based on these charges. His first trial ended in a mistrial. In his motion for new trial, defendant argued that trial counsel (who is different from counsel who made the motion and appealed) was ineffective because he did not raise a plea in bar based on double jeopardy and because he did not impeach certain witnesses at the second trial with their testimony from the first trial. The trial court denied…