State v. Ralston

400 S.W.3d 511, 2013 WL 2474512, 2013 Mo. App. LEXIS 690
CourtMissouri Court of Appeals
DecidedJune 10, 2013
DocketNo. SD 31912
StatusPublished
Cited by14 cases

This text of 400 S.W.3d 511 (State v. Ralston) is published on Counsel Stack Legal Research, covering Missouri 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. Ralston, 400 S.W.3d 511, 2013 WL 2474512, 2013 Mo. App. LEXIS 690 (Mo. Ct. App. 2013).

Opinions

PER CURIAM.

Ricky Don Ralston (“Defendant”) appeals the judgment entered after a jury convicted him of second-degree statutory sodomy (Count I), second-degree statutory rape (Count II), and sexual misconduct involving a child less than 15 years of age by indecent exposure (“sexual misconduct”) (Count III). See sections 566.034, 566.064 and 566.083.ia).1

Defendant’s first two points challenge the sufficiency of the State’s evidence to prove: (1) second-degree statutory sodomy “as it was charged in [the] information”2 because the victim testified about a different act and a nurse practitioner’s testimony was unclear as to the act alleged by the State; and (2) that either of “two different type of acts of indecent exposure” occurred during the time frame charged for sexual misconduct. Point III charges plain error in that the verdict-directing instruction for sexual misconduct “failed to specify a particular act or instruct the jurors that they must unanimously agree on the same act” in a multiple-acts case contrary to State v. Celis-Garcia, 344 S.W.3d 150 (Mo. banc 2011).

For reasons explained herein, we deny all three points and affirm the judgment and convictions.3

General Principles of Review

“Appellate review of a sufficiency of the evidence claim ‘is limited to determining whether there is sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt.’ ” State v. Bowman, 337 S.W.3d 679, 688 (Mo. banc 2011) (quoting State v. Crawford, 68 S.W.3d 406, 408 (Mo. banc 2002)). “This is not an assessment of whether the Court believes that the evidence at trial established guilt beyond a reasonable doubt but rather a question of whether, in light of the evidence most favorable to the State, any rational fact-finder ‘could have found the essential elements of the crime beyond a reasonable doubt.’ ” State v. Nash, 339 S.W.3d 500, 509 (Mo. banc 2011) (quoting State v. Bateman, 318 S.W.3d 681, 687 (Mo. banc 2010) (internal quotations omitted)).

The jury may accept the testimony of a witness in whole or in part, or reject it entirely. Nash, 339 S.W.3d at 509. Ac[514]*514cordingly, we view the evidence in the light most favorable to the verdict and give the State the benefit of all reasonable inferences, but we do “not supply missing evidence or give the State the benefit of unreasonable, speculative or forced inferences.” State v. Langdon, 110 S.W.3d 807, 811-12 (Mo. banc 2003).

Facts and Procedural Background

D.L. was born in June 1993. When she was in the seventh grade, Defendant moved in with D.L.’s mother (“Mother”). In the home at that time were D.L., her younger brother (J.L.), and her younger sister. D.L.’s biological father (“Father”) sometimes stayed with them “a few nights ... every once in a while.” The family subsequently moved with Defendant to a residence in Taney County on a particular road where D.L. lived for “almost a year, not quite” (“the Taney County address”).4 “[H]alfway through” that time, Defendant’s daughter, S.,5 also lived there. D.L. described the residence as a mobile home. D.L.’s bedroom — which lacked a door— was “[i]n the very back of the house.” She shared the room with her younger sister.

In July 2009, when she was sixteen, D.L. left the Taney County address and moved in with her aunt and uncle. In September 2009, she began meeting with a counselor. In January 2010, D.L. told her counselor that she had “been having dreams” that stopped when she “moved out[.]” She told her counsel that “they were so vivid and real it scared [her]. And [she] didn’t know what they were.” D.L. described her dreams to the counselor, and the counselor had her write them down with “every detail.]” D.L. eventually “reach[ed] a point” where she was “positive” that the dreams were real “[a]nd not imagined[.]”

D.L. testified that “[o]n the weekends” when her sister was away at a friend’s house, Defendant “would come into [D.L.]’s room in the middle of the night,” undress her, and rape her. D.L. testified that Defendant put his penis inside her vagina and also touched her vagina with his mouth. D.L. explained that Mother gave her alcohol, sleeping pills, and the pain medication “Ketoprofen.” Mother also “put [D.L.] on birth control[.]” D.L. testified that Defendant “would add alcohol to [her] drinks.” Defendant did not come into D.L.’s room unless she had been given alcohol, sleeping pills, or both. D.L. said she was awake when the described events happened, but it “felt like [she] was watching it from a different perspective^]” She testified that this happened “[t]hree or four, maybe more than that” times, and it only happened at the Taney County address.

Mitzi Huffman testified for the State. She was “a registered nurse, family nurse practitioner ... a sexual assault nurse examiner, and a forensic interviewer.” In February 2010, Ms. Huffman interviewed and physically examined D.L. Ms. Huffman observed a “partial,” “well[-]healed” “tear through [the] posterior fourchette” of D.L.’s hymenal area, and she opined that the injury was “consistent with blunt force trauma.” She could not indicate the cause of the blunt force trauma.

On cross-examination, Ms. Huffman indicated that she had documented in her records that D.L. reported “penile and finger, digital penetration,” and that the “sexual encounters” with Defendant happened [515]*515“two to three times a month” from “Christmas of '08 till [sic] May of '09.” Ms. Huffman understood this to mean that D.L. was “[e]ither having penile or digital penetration” “two to three times per month[.]” Ms. Huffman testified that “[b]y [her] records it says that [D.L.] has denied oral sex by [Defendant]. And [D.L.] denies anal sex.”

J.L. was born in January 1996, and he “last lived” with Mother and Defendant at the Taney County address in March 2009, when he was 13 years old. J.L. testified that, back then, “[i]f [Defendant] was [urinating] outside and [J.L.] was outside doing yard work with [Defendant] he would turn around and call [J.L.] a ‘cock gazer.’ ” When Defendant showed “his genitals and callfed] [J.L.] a ‘cock gazer,’ ” it made J.L. feel “[n]ot good at all. Really bad.” “It made [him] feel sick.” The prosecutor asked J.L. if Defendant exposed his genitals and called J.L. a “cock gazer” only once or more than once while J.L. was living at the Taney County address. J.L. stated that “[i]t happened a lot and very often.”

J.L. briefly mentioned something else for which we quote his entire testimony:

[J.L.]: [Defendant] would pull the skin around his testicles really tight and call them “baby brains” and show them to me.
[State]: Okay. How was it that that came about?
[J.L.]: He would just kind of do it randomly.
[State]: Okay. Was it, uh, inside the house or outside or somewhere else?

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Cite This Page — Counsel Stack

Bluebook (online)
400 S.W.3d 511, 2013 WL 2474512, 2013 Mo. App. LEXIS 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ralston-moctapp-2013.