State v. Banks

LISA WHITE HARDWICK, Judge.

Following a bench trial, the circuit court convicted Ozie Banks of forcible rape and sodomy and sentenced him to consecutive fifty-year prison terms on each count. On appeal, Banks contends the court erred in denying his motion to enforce a prior plea agreement and to dismiss the charges. He also contends the court erred in applying the law on sentencing because the fifty-year prison terms exceeded the statutory maximum for his offenses. We affirm in part, reverse in part, and remand the cause for re-sentencing.

I. Factual and Procedural History

On March 22, 1986,…