Kidd v. State

793 So. 2d 675, 2001 WL 350676
CourtCourt of Appeals of Mississippi
DecidedApril 10, 2001
Docket1999-KA-01435-COA
StatusPublished
Cited by6 cases

This text of 793 So. 2d 675 (Kidd v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kidd v. State, 793 So. 2d 675, 2001 WL 350676 (Mich. Ct. App. 2001).

Opinion

793 So.2d 675 (2001)

John Ray KIDD, Appellant
v.
STATE of Mississippi, Appellee.

No. 1999-KA-01435-COA.

Court of Appeals of Mississippi.

April 10, 2001.
Rehearing Denied June 5, 2001.
Certiorari Denied September 6, 2001.

*677 Anthony L. Farese, David Lee Robinson, Ashland, for Appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, for Appellee.

Before KING, P.J., PAYNE, and IRVING, JJ.

KING, P.J., for the Court:

¶ 1. John Ray Kidd was convicted in the Union County Circuit Court of one count of sexual battery and two counts of rape. The court sentenced him to serve twentyfive years for sexual battery and thirty years on each count of the rape conviction. All sentences were to be served consecutively in the custody of the Mississippi Department of Corrections. Aggrieved by this conviction, Kidd has appealed and presents for this Court's consideration the following issues: (1) whether the verdict was against the weight of the evidence, (2) whether defendant's motion for mistrial, based upon a supposed discovery violation by the State, should have been granted, (3) whether the sentences imposed were excessive in violation of the United States and Mississippi Constitutions and (4) whether defendant was prejudiced by the admission of a plaster cast of a footprint.

¶ 2. Finding no reversible error, this Court affirms.

FACTS

¶ 3. On February 8, 1998, A.A. reported that she had been raped by Kidd. A.A. worked as a waitress in a local bar, which closed at approximately 12 a.m. On February 8, 1998, shortly after closing time, Kidd entered the bar. Hearing A.A. discuss her need for a ride home, Kidd offered to take her home.

¶ 4. A.A. did not know Kidd; therefore, asked her employer about him. Her employer, a long time friend of Kidd and his family, assured her that it would be all right if she accepted a ride from Kidd. Based upon this assurance, A.A. left the bar with Kidd about 1:30 a.m. Rather than taking A.A. home, Kidd proceeded to rape and assault A.A. several times, in various places during a period which spanned several hours.

¶ 5. Upon being released by Kidd about 6:45 a.m., A.A. called her mother and detailed the events of the last several hours. Her mother arrived and carried A.A. to North Mississippi Medical Center, where she was examined and treated, evidence was collected, statements were taken from A.A. by medical personnel and the police, and pictures were taken of A.A.'s injuries. A.A. was released from North Mississippi Medical Center about 2:30 that afternoon.

¶ 6. As a part of her treatment for injuries received during the rape and assault, A.A. was seen by Cindy Hopkins, the emergency room nurse, Dr. Kirksey, the *678 emergency room physician, Dr. Brawner, an ophthalmologist, and Dr. Kellum, a gastroenterologist. Each of these persons made notations of their interview with and observations of A.A. for purposes of medical treatment.

¶ 7. Statements were also taken from A.A. by several officers as part of the criminal investigation, including Officers Howell, McCoy and Sewall. The initial incident report taken by Officer Howell, reflected the following events as related by A.A.:

A.A. worked at Dodger's Bar & Grill. On the evening in question at about 1:30 a.m., she explained to her employer, Roger Grimes, that she needed a ride home. Kidd who was at the bar and with whom A.A. had been talking, said he would take her home. Grimes told A.A. that he knew Kidd and that it would be alright for her to leave with Kidd.
After getting into Kidd's white pick-up truck, Kidd put a gun to A.A.'s head and told her that he did not want her looking at him. After noticing a police roadblock in the road, Kidd threatened to kill her if she said anything.
After getting through the road block, Kidd took her to a house where he pulled her by her hair and forced her inside and to an upstairs bedroom. There Kidd threw her on a bed, put a knife to her throat and tied her hands and feet. Kidd then had sexual intercourse with her and afterwards turned her over on her stomach and again penetrated her.
Kidd then took A.A. and left the house and drove to a wooded area where he made her remove her clothes. The tailgate of his truck was pulled down and Kidd began choking A.A. while he had forcible intercourse with her on the tailgate. A.A. passed out but was wakened by Kidd hitting and slapping her face. After getting dressed, A.A. sat on the floor of the truck as Kidd drove to a nearby gas station and filled the truck's tank with gas. Kidd then drove back to the wooded area where he again raped A.A. Kidd explained that he would take her home and asked what she would tell her mother. He threatened to kill her if she told anyone of the evening's events. Kidd dropped A.A. off at a gas station and A.A. called her mother at 6:45 a.m. A.A. was taken by her mother to the North Mississippi Medical Center.

The other statements contained more or less this same information.

RESOLUTION OF THE ISSUES

1. Was the verdict against the weight of the evidence?

¶ 8. Kidd asks this Court to reverse his conviction because of his belief that the verdict is not supported by the evidence. He bases this position upon what he perceives to be inconsistencies and incongruities in the testimony and evidence at trial. Because of these presumed inconsistencies and incongruities, Kidd argues that a reasonable jury could not have found him guilty beyond a reasonable doubt.

¶ 9. When considering a challenge to the weight of the evidence, "this Court must accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial." Dudley v. State, 719 So.2d 180, 182 (Miss.1998). In reviewing the evidence, the State must be accorded the benefit of any and all reasonable inferences, which may be drawn from the evidence. Griffin v. State, 607 So.2d 1197, 1201 (Miss.1992) "Only in those cases where the verdict is so contrary to the overwhelming weight of the evidence that *679 to allow it to stand would sanction an unconscionable injustice will this Court disturb it on appeal." Dudley, 719 So.2d at 182.

¶ 10. A.A. testified to having been raped. That testimony was corroborated by the testimony of the medical personnel as they related A.A.'s history and their objective observations of her. A.A.'s testimony was also corroborated by the testimony of the officers as they related her statements and their subjective and objective observations of her.

¶ 11. As such, there was substantial evidence in the record, upon which a reasonable jury could have found Kidd guilty. Where the evidence before the jury is such that reasonable jurors could have found the defendant guilty, the verdict is beyond our authority to disturb. Taylor v. State, 672 So.2d 1246, 1255 (Miss.1996).

¶ 12. Because we find that a reasonable jury could have found Kidd guilty, we will not disturb the jury's verdict.

2. Whether defendant's motion for mistrial, based upon a supposed discovery violation by the State should have been granted?

¶ 13. In the presentation of his defense, Kidd called Deputy Chad Glasson. Deputy Glasson was called to testify that he had participated in a roadblock on February 8, 1998, where a vehicle carrying A.A. and Kidd was stopped, and that A.A.

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Cite This Page — Counsel Stack

Bluebook (online)
793 So. 2d 675, 2001 WL 350676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kidd-v-state-missctapp-2001.