688 P.2d 347 (Okla.Crim.App. 1984), F-82-734, Crawford v. State

Docket Nº:F-82-734.
Citation:688 P.2d 347
Party Name:Bernard CRAWFORD, Appellant, v. STATE of Oklahoma, Appellee.
Case Date:September 10, 1984
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma
 
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Page 347

688 P.2d 347 (Okla.Crim.App. 1984)

Bernard CRAWFORD, Appellant,

v.

STATE of Oklahoma, Appellee.

No. F-82-734.

Court of Criminal Appeals of Oklahoma.

September 10, 1984.

Rehearing Denied Sept. 26, 1984.

Page 348

An Appeal from the District Court, Tulsa County; Margaret Lamm, District Judge.

Bernard Crawford, appellant, was convicted of Burglary, First Degree, After Former Conviction of a Felony, and Rape, First Degree, After Former Conviction of a Felony, in the District Court of Tulsa County, Oklahoma, Case Numbers CRF-80-3201 and CFR-80-3202, respectively, sentenced to one hundred fifteen (115) years, and appeals. AFFIRMED.

Johnie O'Neal, Asst. Public Defender, Tulsa, for appellant.

Michael C. Turpen, Atty. Gen., John O. Walton, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

PARKS, Judge:

On appeal from his conviction of Burglary, First Degree, After Former Conviction of a Felony, Case No. CRF-80-3201, and sentence of twenty (20) years imprisonment, and Rape, First Degree, After Former Conviction of a Felony, Case No. CRF-80-3202, and sentence of one hundred fifteen (115) years, from the District Court of Tulsa County, Oklahoma, the appellant, Bernard Crawford, raises seven assignments of error. The facts of the case will be discussed as they become relevant.

I.

In his first allegation of error, defendant complains the trial court committed error in admitting evidence that the defendant committed two separate acts of rape upon the victim. It is true rape is not a continuous offense, and where a single act of intercourse is charged and a series is proven in a prosecution for rape, the prosecution must make an election. Louis v. State, 92 Okl.Cr. 156, 222 P.2d 160 (1950); Williams v. State, 40 Okl.Cr. 303, 268 P. 329 (1928); Kilpatrick v. State, 71 Okl.Cr. 129, 109 P.2d 516 (1941).

However, this Court has held where two acts of rape have occurred within a short period of time, it is part of a continuous process and constitutes only one crime. Wade v. State, 556 P.2d 275 (Okl.Cr.1976);

Page 349

Turnbow v. State, 451 P.2d 387 (Okl.Cr.1969).

In the case at bar, there is no evidence as to the exact period of time between the two rapes, although the inference is the period was not great. This Court will not reverse absent substantial proof that sufficient time elapsed between the two rapes as to constitute...

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