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Mitchell v. State

Although the evidence supported the defendant's convictions after he broke into his ex-girlfriend's home, held her and her son captive and repeatedly raped and sodomized her at knife-point, the Court vacated the defendant's sentence, because the trial court erred in failing to merge certain counts.

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After a jury trial, Keith Allen Mitchell was convicted of making harassing phone calls,1 burglary,2 two counts of aggravated assault,3 two counts of false imprisonment,4 three counts of aggravated sodomy,5 two counts of rape,6 and possession of a knife during the commission of a crime.7 The jury acquitted Mitchell of one count of theft by taking. After the trial court denied his motion for new trial, Mitchell filed this appeal, arguing that 1 the evidence was insufficient to support his conviction as to the two counts of false imprisonment; 2 the trial court erred by improperly instructing the jury as to venue; 3 the trial court erred by denying his motion for a mistrial following an officer’s testimony regarding Mitchell’s pre-trial detention; and 4 his sentence is void because the trial court failed to merge various counts for sentencing. For the reasons that follow, we affirm Mitchell’s conviction, vacate his sentence, and remand the case for resentencing.

On appeal from a criminal conviction, a defendant no longer enjoys the presumption of innocence, and the evidence is viewed in the light most favorable to the guilty verdict.8

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