Mattete v. United States

902 A.2d 113, 2006 D.C. App. LEXIS 359, 2006 WL 1762034
CourtDistrict of Columbia Court of Appeals
DecidedJune 29, 2006
DocketNo. 04-CM-409
StatusPublished
Cited by10 cases

This text of 902 A.2d 113 (Mattete v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mattete v. United States, 902 A.2d 113, 2006 D.C. App. LEXIS 359, 2006 WL 1762034 (D.C. 2006).

Opinions

WASHINGTON, Chief Judge:

After a bench trial, appellant Patrick C. Mattete (“Mattete”) was found guilty of misdemeanor sexual abuse1 and simple as[115]*115sault.2 The trial court acquitted Mattete of attempted threats.3 On appeal, Mattete contends: (1) the evidence was insufficient to support his convictions; (2) a detective’s testimony at trial exceeded the permissible scope of the report-of-rape rule; (3) the trial court erred in erroneously attributing testimony to Mattete; and (4) his conviction for simple assault merges into his conviction for misdemeanor sexual abuse. We agree with Mattete that his conviction for simple assault merges into his conviction for misdemeanor sexual abuse, and remand his case to the trial court solely for the purpose of vacating his assault conviction. As to all other claims, we affirm.

ANALYSIS

A. Sufficiency of the Evidence

When reviewing a claim of insufficiency of the evidence, “[w]e view the evidence in the light most favorable to the government, recognizing the province of the trier of fact to weigh the evidence, determine the credibility of the witnesses and to draw reasonable inferences from the testimony.” Dickerson v. United States, 650 A.2d 680, 683 (D.C.1994); see also Gibson v. United States, 792 A.2d 1059, 1065 (D.C.2002). The government “must present ‘at least some probative evidence on each of the essential elements of the crime.’” Price v. United States, 746 A.2d 896, 899 (D.C.2000) (quoting Robinson v. United States, 506 A.2d 572, 573 (D.C.1986)). Furthermore, in reviewing bench trials, “this court will not reverse unless an appellant has established that the trial court’s factual findings are plainly wrong or without evidence to support [them].” Mihas v. United States, 618 A.2d 197, 200 (D.C.1992) (internal quotation marks and citation omitted); D.C.Code § 17~305(a) (2001).

To support a conviction for misdemeanor sexual abuse, the government must prove beyond a reasonable doubt “(1) that the defendant committed a ‘sexual act’ or ‘sexual contact’ as defined in D.C.Code § 22-4101;4 and (2) that the defendant knew or should have known that he or she did not have the complainant’s permission to engage in the sexual act or sexual contact.” Mungo v. United States, 772 A.2d 240, 244-45 (D.C.2001).

Mattete argues on appeal that the evidence was insufficient to convict him of misdemeanor sexual abuse because there was no evidence that Mattete touched the complainant’s inner thigh, as required by D.C.Code § 22-3001(9). He contends that “[t]he only part of the body that [the complainant] testified to being touched by Mr. Mattete was her leg and thigh outside of her clothing.” Accordingly, he argues, the government failed to prove the elements for this conviction beyond a reasonable doubt.

The record reflects that the complainant testified at trial and, on more than one occasion, demonstrated for the court how Mattete touched her on her thigh. During one demonstration, the court articulated what the complainant had described: “And the way she demonstrated, that his hands came from, she had her hand coming from the knee up her thigh.... So the way she [116]*116demonstrated came all the way up her thigh.”

During the complainant’s cross-examination, the trial court again asked the complainant:

Q: In describing the rubbing that took place on the couch, I think ... you said it went all the way up and you demonstrated it all the way up to the top of your thighs, right?
A: Yes, Your Honor.

The complainant also testified that the appellant continuously rubbed her legs and attempted to undress her by grasping at the clasp on the side of her skirt. Mattete neither objected to the complainant’s demonstration nor argued at any point in the trial that the complainant’s demonstration was insufficient.5 In order for us to reverse, we would have to presume that the complainant’s demonstrations failed to reflect the touching of the inner thigh and that the prosecutor, defense counsel, and trial court were all unaware of the requirement under D.C.Code § 22-3001(9). Because the trial court’s judgment comes before us with a presumption of correctness, and there is no evidence that the parties and the court were unaware of the requirement that there be a touching of the inner thigh when the complainant made her in-court demonstration, we are satisfied that the evidence, viewed in the light most favorable to the government, was sufficient to sustain Mattete’s conviction.6 See Bell v. United States, 806 A.2d 228, 232 (D.C.2002) (quoting Cobb v. Standard Drug Co., 453 A.2d 110, 111 (D.C.1982)).7

We note that, to some extent, this case is similar to our decision in Carter v. United States, 826 A.2d 300 (D.C.2003). In Carter, we upheld the appellant’s conviction for misdemeanor sexual touching of the complainant’s inner thigh. Although the complainant never testified that the appellant touched her inner thigh, we found the evidence sufficient to support Carter’s conviction. Specifically, we found that the complainant’s testimony that Carter was attempting to push his hand through her clenched legs toward her vagina was sufficient to show that there was touching of the inner thigh. Despite the fact that there was no affirmative acknowledgment by the trial court that a touching of the inner thigh was a necessary element of the crime, we nonetheless concluded that there was “no appreciable possibility” that the trial judge, who held the book containing the misdemeanor statute in her hand, failed to read the statute. Carter, 826 A.2d at 309. Although not factually identical to this case, Carter does support the contention that trial court judgments, which come to us with a presumption of correctness, should be upheld when there is no indication in the record that the trial court was unaware of the law’s requirements.

B. Report-of-Rape Rule

Mattete argues that the trial court abused its discretion in allowing Detective [117]*117Andrews, a witness for the government, to testify beyond the scope of admissible testimony under the report-of-rape rule.

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Bluebook (online)
902 A.2d 113, 2006 D.C. App. LEXIS 359, 2006 WL 1762034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattete-v-united-states-dc-2006.