PIVARNIK, Justice.
Appellant Alonzo Malone was tried by a jury in the Elkhart Superior Court and found guilty of rape, a class B felony according to Ind. Code § 35-42-4-1 (Burns 1979), burglary, a class B felony according to Ind. Code § 35-43-2-1 (Burns Supp. 1982) and battery resulting in serious bodily harm, a class A misdemeanor according to Ind. Code § 35-42-2-1 (Burns Supp. 1982) The trial court found that the burglary and battery offenses merged...
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