State v. Puckett

2010 Ohio 6597, 947 N.E.2d 730, 191 Ohio App. 3d 747
CourtOhio Court of Appeals
DecidedDecember 28, 2010
Docket10CA3153
StatusPublished
Cited by43 cases

This text of 2010 Ohio 6597 (State v. Puckett) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Puckett, 2010 Ohio 6597, 947 N.E.2d 730, 191 Ohio App. 3d 747 (Ohio Ct. App. 2010).

Opinions

[751]*751Abele, Judge.

{¶ 1} This is an appeal from a Ross County Common Pleas Court judgment of conviction and sentence. The trial court found Darrell A. Puckett, defendant below and appellant herein, guilty of rape, in violation of R.C. 2907.02, and sentenced him to life in prison.

{¶ 2} Appellant raises the following assignments of error for review:

FIRST ASSIGNMENT OF ERROR:

The trial court committed a plain error when it allowed the appellant’s confession to be admitted as the appellee had not established the corpus delicti of the offense of rape.

SECOND ASSIGNMENT OF ERROR:

Appellant’s conviction on the third count of rape was against the manifest weight of the evidence.

{¶ 3} On September 4, 2009, the Ross County Grand Jury returned an indictment that charged appellant with three counts of rape based upon three separate incidents: (1) count one concerned conduct alleged to have occurred between February 18, 2008, and July 4, 2008, (2) count two concerned conduct alleged to have occurred between January 1, 2009, and April 1, 2009, and (3) count three concerned conduct alleged to have occurred on August 18, 2009. Appellant entered not-guilty pleas.

{¶ 4} On January 11 and 12, 2010, the trial court held a bench trial. Neri Dewitt, the victim’s mother, stated that on August 18, 2009 she underwent outpatient surgery while appellant, her father, watched her two children: a three-year-old daughter and a seven-year-old son. After she returned home from the surgery, her son told her about some activity that happened while she was at the hospital. Dewitt then “immediately” took her daughter to the hospital. At the hospital, medical professionals conducted a physical examination of the child, which included an examination to determine whether she had been subjected to a sexual assault. The examination did not reveal any physical signs of sexual assault.

{¶ 5} John Puckett, appellant’s son, testified that in July 2009, he had had a conversation with appellant. Appellant related that he did not understand why Dewitt believed he had done something to her daughter. “He kept denying that he ever did anything to [the victim].” John stated that appellant “then just out of the blue * * * said it wouldn’t have happened if she didn’t look so much like your mother. And I said what are you talking about? He said the little girl just looks so much like your mom, I wouldn’t have did [sic] anything if she didn’t.” John [752]*752then stated that he thinks this conversation occurred in July 2008, “after the first allegation.” 1

{¶ 6} Ross County Sheriffs Detective Tony Wheaton testified that on August 18, 2009, he was dispatched to Adena Regional Medical Center to investigate the possible sexual abuse of a three-year-old girl. Upon his arrival, medical personnel informed him that the victim was undergoing a sexual-assault examination. Detective Wheaton stated that on August 24, 2009, he interviewed appellant. The detective stated that he tape-recorded the interview, and the prosecution then played the tape.2 Detective Wheaton further stated that he reviewed the findings of the sexual-assault examination3 and explained that it is not unusual for an examination to fail to reveal physical findings of sexual assault, especially in a case involving digital penetration.

{¶ 7} The prosecution then attempted to call the victim’s brother to the witness stand, but apparently, he was reluctant. The court then continued the trial until the next day.

{¶ 8} The next day, the victim’s brother took the stand. He stated that he remembered the day his mother went to the hospital for outpatient surgery but stated that he had stayed at his aunt’s house while she was at the hospital and that his grandfather was not present. He further stated that although he recalled his grandfather watching him and his little sister, he did not remember anything “unusual” that happened. He testified that he recalls telling his mother “about something” that his grandfather did to his sister, but he could not remember what it was.

{¶ 9} After the prosecution completed its case and moved to admit appellant’s taped confession into evidence, appellant objected. In particular, appellant argued that because the prosecution failed to present sufficient evidence to prove the corpus delicti of the offense of rape, the trial court should not permit appellant’s confession to be introduced as evidence. Appellant recognized that he did not object when the prosecution played the tape during its case-in-chief, but he decided to object “in light of the evidence that has been received elsewhere in [753]*753this trial on that ground that * * * the requirement of corpus delicti has not been established by any subsequent evidence offered to this court.”

{¶ 10} The trial court overruled appellant’s objection and explained:

We have in this case evidence that shows that, at this point and time, that [appellant] was the grandfather of [the victim], who at the time I believe was either two or three years old. * * * He had the care * * * of [the victim], and the care of * * * her brother * * * while * * * the children’s mother was having same day surgery. When [the mother] came home from the surgery, [the boy] said something to her that caused her to immediately take [the victim] to the hospital for an examination. There was no * * * physical evidence of any abuse of [the victim]. Subsequently there was an interview of [appellant] in which he admitted to inserting a digit approximately into [the victim’s] vagina. * * * Also [appellant] made a statement to his son, John, in which he initially said that [the children’s mother] was telling lies and then suddenly said I wouldn’t have done anything if the little girl hadn’t looked so much like her grandmother. So, in addition to [appellant’s confession, we have something that was said by [the boy] to his mother, which led her to take [the victim] to the hospital for an examination. We also have [appellant’s statement to his son, John Puckett. I believe that either one of these in and of itself would be sufficient to establish the corpus delicti.

The trial court thus determined that the prosecution had established the corpus delicti with respect to the August 2009 rape charge. However, the court also found that the prosecution did not establish the corpus delicti with respect to the remaining two counts that allegedly occurred between February 18, 2008, and July 4, 2008, and between January 1, 2009, and April 1, 2009, respectively. Thus, the court dismissed those counts. The court further determined that appellant’s taped confession with respect to the third count would be admitted into evidence.

{¶ 11} Appellant did not present any evidence, and the trial court deemed the matter submitted. After a recess, the court returned with its verdict and found appellant guilty of one count of rape. On March 9, 2010, the court sentenced appellant to serve life imprisonment without the possibility of parole. This appeal followed.

I

{¶ 12} In his first assignment of error, appellant asserts that the trial court erred by admitting his confession into evidence when the prosecution failed to present sufficient evidence independent of his confession to establish the corpus delicti of the crime of rape.

[754]*754A

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Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 6597, 947 N.E.2d 730, 191 Ohio App. 3d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-puckett-ohioctapp-2010.