Bastian v. Martinez

Defendant, Scott Kelly Janke, appeals from convictions entered upon jury verdicts entered in trial court actions numbered 82CR889, 82CR971, and 82CR977, finding him guilty of four counts of first degree sexual assault, four counts of second degree kidnapping, and five counts of violent crime. In addition to several evidentiary attacks, and a contention of prosecutorial misconduct, defendant seeks reversal of two of the five convictions for violent crime. He also appeals his 96-year sentence which he argues was based on improper considerations. We affirm in part, reverse in part, and remand for resentencing based on defendants latter two contentions.