[U] State v. Garrison

Clinton T. Garrison appeals his convictions for three counts of first degree burglary, three counts of third degree theft, and nine counts of first degree rape, with deadly weapon sentence enhancements on eight of these counts, and the resulting standard range sentence of 1276 months. Having filed those charges beyond the applicable statutes of limitation, the State concedes error with respect to the burglary and theft counts. Garrison argues that the nine rape counts should merge into three counts, one count for each of the three victims, because the charged acts constituted the same criminal conduct as to each victim. He also argues that the trial court made several evidentiary errors, including admitting evidence of his escape from custody, resistance to arrest, and alteration of his appearance, as well as evidence from an unrelated burglary, including the admission of nude photographs found on the premises.