Hinzman v. State

922 S.W.2d 725, 53 Ark. App. 256, 1996 Ark. App. LEXIS 312
CourtCourt of Appeals of Arkansas
DecidedMay 15, 1996
DocketCA CR 95-128
StatusPublished
Cited by9 cases

This text of 922 S.W.2d 725 (Hinzman 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
Hinzman v. State, 922 S.W.2d 725, 53 Ark. App. 256, 1996 Ark. App. LEXIS 312 (Ark. Ct. App. 1996).

Opinion

JUDITH Rogers, Judge.

The appellant, William Hinzman, was found guilty of raping his eleven-year-old stepdaughter, M.P., in violation of Ark. Code Ann. § 5-14-103(3) (Repl. 1993). As a result of the jury’s verdict, he was sentenced to twenty years in the Arkansas Department of Correction. Appellant raises three issues in this appeal. He contends that: (1) the trial court erred by permitting improper impeachment of M.P. with a prior inconsistent statement; (2) the trial court erred in allowing the testimony of two persons who were not previously identified as witnesses; and (3) the trial court erred in denying his motion for a directed verdict because the State failed to offer adequate proof to corroborate his confessions. Because we find merit in the first issue raised, we reverse and remand for a new trial.

As his third point, appellant contends that the trial court erred in denying his motion for a directed verdict. A motion for a directed verdict is a challenge to the sufficiency of the evidence. Young v. State, 321 Ark. 541, 906 S.W.2d 280 (1995). Preservation of an appellant’s right to freedom from double jeopardy requires a review of the sufficiency of the evidence prior to a review of other trial errors. Passley v. State, 323 Ark. 301, 915 S.W.2d 248 (1996); Harris v. State, 284 Ark. 247, 681 S.W.2d 334 (1984). The test for determining the sufficiency of the evidence is whether there is substantial evidence to support the jury’s verdict. Misskelley v. State, 323 Ark. 449, 915 S.W.2d 702 (1996). Evidence is substantial if it is of sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. Mosley v. State, 323 Ark. 244, 914 S.W.2d 731 (1996).

In August of 1993, M.P. reported to her mother, appellant’s wife, that she was being molested by appellant. M.P moved with her mother out of the home they shared with appellant, and the local authorities were notified of M.P.’s accusations. On September 15, 1993, appellant was interviewed by Lieutenant David Smith of the Saline County Sheriff’s Department. Appellant gave a recorded statement in which he confessed to committing acts of deviate sexual activity with the child. In summary, he described incidents of touching, fondling and the mutual performance of oral sex. Appellant also admitted that he had shown the child a sexually explicit video as a demonstration of “what I wanted her to do.” A transcript of the statement was introduced into evidence by the State at appellant’s trial.

Appellant attended two counselling sessions with Dr. William G. Grambling, the first in the company of his wife, and the second in the presence of both his wife and M.P.’s natural father, Jim Price. At trial, Dr. Grambling testified that at the first session he explained to appellant and his wife that, although his primary responsibility was toward the child, he would also work with them, but that he expected the truth to be told. He said that he sent appellant’s wife out of the room and that appellant looked at him and said, “I did it.” He said that appellant’s confession was discussed with his wife when she returned to the room. Dr. Grambling also testified that appellant admitted what he had done in the session attended by Jim Price. Mr. Price confirmed this in his testimony. He said that appellant admitted that he had engaged in oral intercourse with M.P. on four occasions and that appellant related that he had educated the child by showing her an “X-rated” video program.

Appellant contends that there was no evidence introduced by the State to corroborate the various confessions made by him. We cannot agree.

Unless made in open court, a defendant’s confession standing alone will not support a conviction except where “accompanied by other proof that the offense was committed.” Ark. Code Ann. § 16-89-lll(d) (1987). This requirement for other proof, called the corpus delicti, mandates only that a showing be made that the offense occurred, and nothing more. Mills v. State, 322 Ark. 647, 910 S.W.2d 682 (1995). Hearsay statements, when admitted, are sufficient to corroborate a confession. See Johnson v. State, 298 Ark. 617, 770 s.w.2d 128 (1989). Here, appellant’s wife testified, without objection, that M.P. told her that appellant had “chewed her out,” meaning that appellant had oral intercourse with her. Mrs. Hinzman further testified that M.P. reported that appellant had touched her chest and had placed his hands inside her pants. On the basis of this testimony, we cannot conclude that corroboration was lacking and hold that there was substantial evidence to support the conviction.

Prior to trial, M.P. recanted her allegations of abuse. The primary thrust of this appeal concerns the dual contentions that the trial court erred by permitting the State to call M.P. solely for the purpose of impeaching her testimony and by allowing the State to outline the substance of those statements during the impeachment process. Appellant contends that the probative value of the State’s use of the statements was far outweighed by the danger of unfair prejudice.

The issue arose in this manner. Appellant filed a motion in limine informing the court that M.P. had disavowed her accusations of sexual misconduct perpetrated by appellant. For this reason, he asked the court to prohibit the State from calling her as a witness for the purpose of impeaching her testimony with the prior statements. The court addressed the motion in chambers before the beginning of trial. After M.P. was provided the opportunity to consult with an attorney, she told the court that she would testify that the statements she had made in the past were false. The trial court ruled that it would permit the State to call her as a witness for the purposes of establishing opportunity, timing and identity. The court further ruled that, if M.P. denied making the earlier statements, then it would allow the State to impeach her with her inconsistent statements. The court also offered to instruct the jury that it was to consider the statements only for the purpose of judging the child’s credibility, but not as substantive evidence.

When M.P. testified before the jury, she said that appellant had never touched her in an inappropriate manner, and she denied that he had ever engaged in oral sex with her. M.P. admitted that she had previously reported that appellant had done those things, but she said that her statements were not true. She explained that she had falsely accused the appellant in anger over being punished for having told a lie. The trial court refused the State’s request to introduce into evidence the separate statements M.P had made to Officer Smith and a caseworker from the Saline County Department of Human Services. Over appellant’s multiple objections, the court permitted the State to question M.P. in detail and with specificity regarding the statements she had made.

In deciding this issue, we observe a few general principles.

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Bluebook (online)
922 S.W.2d 725, 53 Ark. App. 256, 1996 Ark. App. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinzman-v-state-arkctapp-1996.