Ziegler v. State

1 Robert Randall Ziegler comes before this Court to appeal his six convictions in the District Court of Tulsa County, Case Nos. CRF-78-686, 687, 688, 689, 690 and 691. His convictions resulted from two charges of Rape in the First Degree, 21 O.S. 1971 ? 1114 [21-1114]; Two charges of Sodomy, 21 O.S. 1971 ? 886 [21-886]; Burglary in the First Degree, 21 O.S. 1971 ? 1431 [21-1431]; and Unauthorized Use of a Motor Vehicle, 47 O.S. 1971 ? 4-102 [47-4-102]. The jury found the defendant guilty of all charges After Former Conviction of a Felony. Punishment was set at life imprisonment plus twenty (20) years on each of the Rape charges, thirty (30) years on each of the Sodomy charges, forty (40) years for the Burglary, and twenty-five (25) years on the Unauthorized Use of a Motor Vehicle. The sentences are to run consecutively. Attorney Frank H. McCarthy has filed a brief alleging five errors in the trial, and the defendant has filed a pro se brief consisting of eleven assignments of error. This opinion will address only those allegations that merit discussion and deal briefly with the remainder.