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Baxter v. State

The defendant's sentence of life without the possibility of parole following his conviction for rape was illegal.

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After a jury trial, Jared U. Baxter was convicted of one count of rape, one count of kidnapping, three counts of burglary, three counts of terroristic threats, and one count of peeping tom. He appeals, arguing that his sentence of life without the possibility of parole for the rape conviction is illegal; that trial counsel was ineffective; and that the state failed to prove asportation as required for the kidnapping conviction.

As the state concedes, the sentence of life without the possibility of parole for the rape conviction is illegal. Accordingly, we vacate that sentence and remand for resentencing. We reject Baxter’s other claims. Baxter argues that trial counsel was ineffective for failing to object to the admission of certain evidence. We find that some of the evidence was admissible and trial counsel had strategic reasons for failing to object to the other evidence. We also find that the state sufficiently proved asportation. We therefore affirm Baxter’s convictions.

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