State v. Burgess

MARTIN, Chief Judge.

The record indicates defendant was charged with first-degree rape, two counts of first-degree sex offense, first-degree kidnapping, assault on a female, and communicating threats. He entered pleas of not guilty and a jury was empaneled to hear the case. Following a recess on the third day of trial, defendant entered a plea of no contest to second-degree kidnapping, a Class E felony, and crime against nature, a Class I felony, and pursuant to the plea agreement, the trial court dismissed the remaining charges.

The plea agreement provided that the State would stipulate to the…