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Lynn v. State

The trial court properly allowed the state to re-open its case to present expert testimony that the victim's 3-inch stab wound was not self-inflicted.

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Larry Lynn demanded sex from his estranged wife and then stabbed her in the back with a knife when she refused. Holding the knife to her throat, he then forced her to disrobe and partially penetrated her. After she promised to say that she accidentally cut herself, he took her to the hospital, where she escaped from him and told authorities of the assault. A jury found him guilty on two counts: aggravated assault with intent to rape1 and aggravated assault with a deadly weapon.2 The court gave him the same sentence on each count, with the sentences to run concurrently.

Lynn enumerates three errors: i the court gave flawed instructions on reasonable doubt; ii the court allowed additional testimony from the treating surgeon that the victim’s wound was not self-inflicted; and iii the court failed to merge the two counts before sentencing. We hold that the instructions were adequate and that the surgeon’s testimony was properly allowed. As tacitly conceded by the State, however, the failure to merge the two counts was error, which requires that we vacate the convictions and remand for resentencing.

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