Riehle v. State

823 N.E.2d 287, 2005 Ind. App. LEXIS 287, 2005 WL 468319
CourtIndiana Court of Appeals
DecidedMarch 1, 2005
Docket15A05-0311-CR-557
StatusPublished
Cited by41 cases

This text of 823 N.E.2d 287 (Riehle v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riehle v. State, 823 N.E.2d 287, 2005 Ind. App. LEXIS 287, 2005 WL 468319 (Ind. Ct. App. 2005).

Opinions

OPINION

VAIDIK, Judge.

Case Summary

Donald Riehle appeals his convictions for Child Molesting as a Class A felony, Child Molesting as a Class C felony, Conspiracy to Commit Child Molesting as a Class A felony, and Conspiracy to Commit Child Molesting as a Class C felony. Because the evidence shows that Richle performed deviate sexual conduct with the nine-year-old victim and that Riechle entered into an agreement with the child's mother to do so, the evidence is sufficient to support his convictions for Child Molesting as a Class A felony and Conspiracy to Commit Child Molesting as a Class A felo[291]*291ny. Further, the trial court did not abuse its wide discretion in allowing the State to lead the victim during her direct examination given her young age and obvious reluctance to testify about the details of the crimes. In addition, the trial court did not commit fundamental error in admitting an entire tape recording of a conversation between Riehle and an informant into evidence given its relevance to the charged crimes. Moreover, the continuing crime doctrine does not apply to the facts of this case, and therefore, the State properly charged and convicted Riehle. Finally, we remand this case for resentencing in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

Facts and Procedural History

Ruth Ann Reed is the mother of KR., who was nine years old at the time of the events underlying this case. Fifty-nine-year-old Richle had been friends with the Reed family for many years. On at least two occasions in 2002, Ruth took KR. to Richle's camper. Richle would then give Ruth money "in return for sex" with KR. Tr. p. 89. On the first occasion, Ruth stood outside the camper and looked inside through a window. Riehle laid on top of KR., who still had her clothes on, until he had an erection and ejaculated. On the second occasion, Ruth left K.R. in the camper and went outside to use the restroom. When Ruth returned to the camper, K.R. and Richle were lying in Richle's bed. K.R.'s pants were pulled down and Richle had his penis between her legs. Richle laid there until he had an erection, which took approximately twenty to twenty-five minutes. Ruth pled guilty to Promoting Prostitution as a Class B felony and Neglect of a Dependent Child as a Class D felony for her role in these crimes.

Also during this same time frame, there were sexual encounters with Richle, KR., and K.R.'s great-aunt Sharon Reed in Riehle's camper. During these encounters, Sharon and KR. would wrestle on Riehle's bed while he watched them from outside through a window. Upon getting aroused, Riehle would join K.R. and Sharon on the bed. Richle would then "get on" Sharon "to get satisfied." Id. at 38. Sometimes, Richle would "hold [KR.] down beside [them]." Id. at 42. On one occasion, Riehle was "on top of [K.R.]" and ejaculated on her stomach. Id. at 37. Riehle paid Sharon for sex and for participating in the touching sessions with K.R. in the camper. Sharon pled guilty to Child Molesting as a Class C felony for her role in these crimes.

In February 2003, Ronald Lataille, who was facing charges of defrauding Richle, told police officers that he could give them damaging information about Riehle. Lat-aille was then fitted with a wire transmitter to tape record his exchanges with Riehle. Lataille approached Richle under the guise of wanting information and advice about having a sexual encounter with KR. Riehle told Lataille that he had tried to have sexual intercourse with K.R. but she would not do it. Richle admitted, however, that he rubbed K.R.'s vagina with his leg and also rubbed her buttocks. Richle also told Lataille that he looked forward to K.R. having pubic hair, that he could "get in her pants" whenever he wanted, and that her vagina was "nice and fat" for a girl her age. State's Ex. 15. Richle explained that he had to give Sharon money to keep her quiet but that K.R. would not tell anyone. Richle then offered to set up a sexual encounter between Lat-aille and KR. and offered his own advice, such as to take things slow, that KR. cannot have an orgasm while on top, and to wear a condom because K.R. had been with other men.

Shortly thereafter, Bonnie Haas, an investigator for the Dearborn County Divi[292]*292sion of Family and Children, interviewed K.R. During the interview, K.R. told Haas that she had been naked with Riechle on several occasions in the camper and that Richle "had put his peter in her butt." Tr. p. 165. KR. also told Haas that Richle had touched her vagina with his hand and body. Id.

The State charged Richle with six counts, one of which it later dropped. Following a trial by jury, Richle was convicted of four counts: Child Molesting as a Class A felony (deviate sexual conduct),1 Child Molesting as a Class C felony (touching and fondling),2 Conspiracy to Commit Child Molesting as a Class A felony,3 and Conspiracy to Commit Child Molesting as a Class C felony.4 Richle was acquitted of the Class A felony child molesting charge that alleged he had sexual intercourse with KR. The trial court sentenced Riehle to an aggregate sentence of 108 years. Richle now appeals.

Discussion and Decision

Richle raises five issues on appeal. First, he contends that the evidence is insufficient to support his Class A felony convictions. Second, Richle contends that the trial court erred in allowing the State to lead K.R. during her direct examination. Third, he contends that the trial court erred by admitting the entire tape recording of his conversation with Lataille into evidence. Fourth, Riehle contends that two of his convictions violate the continuing crime doctrine. Finally, he contends that his sentence violates Blakely v. Washington. We address each issue in turn.

I. Sufficiency of the Evidence

Riehle first contends that the evidence is insufficient to support his Class A felony convictions for Child Molesting and Conspiracy to Commit Child Molesting. When reviewing a claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the judgment and the reasonable inferences from that evidence to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. We will uphold the conviction if there is substantial evidence of probative value to support it. Id.

Riehle first argues that the evidence is insufficient to support his conviction for Child Molesting as a Class A felony. In order to convict Riehle of child molesting as a Class A felony as charged in this case, the State must have proved that Riehle, who was at least twenty-one years of age, performed deviate sexual conduct with K.R., who was under fourteen years of age. Ind.Code § 85-42-4-3(a)(1). "Deviate sexual conduct," in turn, is defined in relevant part as an act involving "a sex organ of one person and the mouth or anus of another person." Ind.Code § 35-41-1-9(1).

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Cite This Page — Counsel Stack

Bluebook (online)
823 N.E.2d 287, 2005 Ind. App. LEXIS 287, 2005 WL 468319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riehle-v-state-indctapp-2005.