Goodman v. State

306 S.W.3d 443, 2009 Ark. App. 262, 2009 Ark. App. LEXIS 305
CourtCourt of Appeals of Arkansas
DecidedApril 8, 2009
DocketCA CR 08-967
StatusPublished
Cited by7 cases

This text of 306 S.W.3d 443 (Goodman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodman v. State, 306 S.W.3d 443, 2009 Ark. App. 262, 2009 Ark. App. LEXIS 305 (Ark. Ct. App. 2009).

Opinions

KAREN R. BAKER, Judge.

11A jury in Pulaski County Circuit Court convicted appellant Jonathan Goodman of rape in violation of Ark.Code Ann. § 5-14-103(a)(1) (Supp. 2007) and sentenced him to fifteen years’ imprisonment in the Arkansas Department of Correction. He presents one argument on appeal: that the trial court erred in denying his motion for a directed verdict because the State failed to introduce substantial evidence that he engaged in sexual intercourse with the victim by forcible compulsion. Finding no error, we affirm.

LaToya Franklin, the victim, was twenty-two years of age. She and appellant were both employed at the Arkansas Democrat-Gazette. She testified that they had known each other briefly and had spoken on the telephone once or twice. During one of their telephone conversations, appellant offered to give LaToya a ride home from work. She testified that on December 31, |⅞2006, at 4:30 a.m., she agreed to let appellant give her a ride home. She explained that appellant did not drive her directly to her home in North Little Rock. Instead, appellant “made an excuse to kind of go to Little Rock.” He told LaToya that he had to “drop some papers off at someone’s house.” LaToya testified that initially she “was okay with [appellant’s detour].” She explained, however, that appellant pulled the vehicle into a gated area in an unfamiliar area of Little Rock and exited the vehicle. He went to the back of his vehicle and returned with a bottle of liquor. She was unable to testify as to the location because she was unfamiliar with certain areas of Little Rock. Appellant did not deliver the papers. Instead, he drove La-Toya to a second location where they had a river view and parked the vehicle. At this point, appellant poured each of them a shot glass of liquor, which they drank.

LaToya testified that up until this point, she was not alarmed. However, after she finished a second shot glass of the liquor, while she and appellant were talking, she began to have a strange feeling. She stated that she thought, “this is not feeling right for me,” and though she did not see a weapon, she was “scared of what [appellant] would do.”

During their conversation, appellant revealed to LaToya that he “liked her.” She then told appellant that she “wasn’t into him like that.” Appellant began “rubbing on her leg” and began “making his way over there as far as kissing on [her].” LaToya told appellant that she “didn’t want to do it.” She also “pushed him off [her] saying no.” Despite her protests, appellant proceeded to pull her clothes off; LaToya fought him as he removed her clothes, but appellant’s strength was such that she was unable to keep him from removing her clothes. She, again, told him to stop and repeated to him that she “didn’t want to do it.” LaToya testified that |sshe was “scared” and that she became more afraid when appellant asked her, “What’d you gonna do? Are you going to go to the police?” Appellant then pulled down his pants, put on a condom, and engaged in sexual intercourse with LaToya by force. LaToya testified that the condom had broken during intercourse, and appellant then removed the condom and put it back inside of her saying, that if she was pregnant, the substance on the condom would “kill the baby.” LaToya testified that appellant then climbed back into the driver’s seat of the vehicle, and she put her clothes back on. She described appellant as acting like “that [was] all he wanted.” Appellant then drove La-Toya home.

During the ride home, LaToya testified that she used her cellular phone to record the conversation between her and appellant. Relevant portions of the conversation were as follows:

Franklin: I was saying no from the beginning. That should have been enough.
Goodman: What’d you think? Sh*t, at (inaudible) the sh*t escalated. Put it in retrospect, I was prepared. I had a condom.
Franklin: So you were expecting to have sex with me?
Goodman: No I was not ... I just wanted to see how far it was that I could push everything. (Inaudible) ... I wanted to know if you’re the type of female that bite, kick and scratch ... I just wanted to know what kind of female you were ...
[[Image here]]
Franklin: When I said no, you should have stopped then.
Goodman: That already happened. That already happened. Sh*t. I can’t take that back. Yeah, I should have stopped. You know what I’m saying? But for real, you gonna help me out or something 14(inaudible) like that?
[[Image here]]
Franklin: I told you no, and you kept going.
[[Image here]]
Franklin: No means no, right?
Goodman: Yeah, it do.
[[Image here]]
Goodman: You shocked you had a one night stand?
Franklin: Against my will, yes.
Goodman: (Inaudible), was it good though?

LaToya testified appellant left her at her home. Approximately two hours later, La-Toya called a friend and went to the hospital.

At the conclusion of LaToya’s testimony, the State rested. Appellant’s counsel made a motion for a directed verdict stating that the State had failed to make a prima facie case that appellant forcibly had sexual intercourse with the victim. The trial court denied appellant’s motion.

Appellant then testified that he and La-Toya were in the process of getting to know each other. In their conversations, they had discussed things such as whether or not LaToya drank alcohol and that appellant’s favorite drink was Opportunity State Jamaican Rum. Appellant also testified that he specifically asked LaToya “if [he] could have sex with her,” and that she responded, ‘Yeah, sure, it could happen.”

| ¡^Appellant testified that on December 31, 2006, he and LaToya left work together and that she was aware that he had liquor in the trunk. He said that he made one stop to drop off some papers and then stopped to get a “liquor cutter.” He then drove LaToya to “skateboard park.” He parked the car, locked the doors, and poured two shots of liquor, which they drank. They talked for approximately fifteen minutes when things became physical, and the two had sexual intercourse. He testified that LaToya did not ask him to stop or say “no.” She did not “try to bite [him], hit at [him],” scream, or do anything to make him think she did not want to have sex with him. Appellant stated that it was not until intercourse was over that LaToya told him to “leave her alone.” Appellant denied that the recorded conversation ever took place.

At the conclusion of the evidence, appellant’s counsel renewed the motion for a directed verdict. The motion was denied. Appellant was found guilty of rape and sentenced accordingly. This appeal followed.

A motion for directed verdict is a challenge to the sufficiency of the evidence, Pinder v. State, 357 Ark. 275, 166 S.W.3d 49

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Goodman v. State
306 S.W.3d 443 (Court of Appeals of Arkansas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
306 S.W.3d 443, 2009 Ark. App. 262, 2009 Ark. App. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-state-arkctapp-2009.