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Cook v. State

Although the evidence supported the defendant's conviction for rape, the trial court erred in sentencing him as a recidivist, because he had not been convicted of a felony prior to the commission of the instant offense.

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A jury found Timothy Cook guilty of rape.1 The trial court denied Cook’s motion for new trial, and he appeals. Cook argues that i the evidence was insufficient to support his rape conviction, ii the trial court erred in instructing the jury, and iii he was denied effective assistance of trial counsel. Cook also claims that he was improperly sentenced as a recidivist. For the reasons that follow, we hold that the evidence was sufficient, the trial court did not err in instructing the jury, and Cook was not denied effective assistance. However, the court erred in sentencing Cook as a recidivist. Thus, we affirm the conviction, vacate Cook’s sentence, and remand for resentencing.

1. Cook argues that he was entitled to a new trial because the evidence was insufficient to support his conviction for rape.

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