Sykes v. State

372 S.W.3d 33, 2012 WL 1288487, 2012 Mo. App. LEXIS 520
CourtMissouri Court of Appeals
DecidedApril 17, 2012
DocketNo. WD 73556
StatusPublished
Cited by9 cases

This text of 372 S.W.3d 33 (Sykes v. State) 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
Sykes v. State, 372 S.W.3d 33, 2012 WL 1288487, 2012 Mo. App. LEXIS 520 (Mo. Ct. App. 2012).

Opinion

JAMES EDWARD WELSH, Presiding Judge.

Sean Lee Sykes appeals the circuit court’s judgment denying his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. A jury found Sykes guilty of the class B felony of recklessly exposing another to human immunodeficiency virus (HIV) infection without that person’s knowledge or consent in violation of section 191.677.1(2), RSMo Cum.Supp. 2011. The circuit court sentenced Sykes as a prior and persistent offender to a term of life imprisonment, and this court affirmed the conviction and sentence. State v. Sykes, 275 S.W.3d 832 (Mo.App. 2009). In his post-conviction appeal, Sykes asserts that the circuit court clearly erred in denying his post-conviction motion because his appellate counsel was ineffective for failing to raise claims on direct appeal that the circuit court erred in admitting evidence and permitting argument that Sykes had prior convictions for exposing other women to HIV. We disagree and affirm the circuit court’s judgment.

As recounted by this court’s memorandum on direct appeal, the evidence at trial established that Sykes and D.M.1 began a sexual relationship shortly after they met in December 2003. At the time, Sykes knew he was infected with HIV. In February 2004, D.M. took an HIV test after her employer told her that Sykes was HIV positive. D.M.’s test results were negative. In August 2004, an acquaintance of D.M. again told her that Sykes was HIV positive. D.M. confronted Sykes, who denied having HIV. The relationship continued, and, in early 2005, Sykes’s sister confirmed to D.M. that Sykes was indeed HIV positive. D.M. again confronted Sykes, who this time confessed that he had HIV. Nevertheless, the sexual relationship continued and, in June 2005, D.M. tested positive for HIV.

During this period, Sykes was on parole and was required to inform his parole officer, Josie Johnson, before he entered into a relationship with anyone. In January of 2005, Sykes told Johnson that he was planning to get married. Johnson demanded to meet with D.M. and eventually obtained a letter from D.M. stating that she knew of Sykes’s HIV positive status before she had sex with him. D.M. also told her case manager at the Buchanan County Health Department that she had known Sykes was HIV positive since the beginning of their relationship.

After their relationship ended in January of 2006, D.M. recanted her earlier statements that she had known all along of Sykes’s HIV status. She wrote a second letter to Johnson, this time indicating that she did not know of Sykes’s HIV status during the first year of their relationship.

Sykes was charged with one count of recklessly exposing another to HIV, in violation of section 191.677. At trial, Sykes stipulated that he was at all times aware of his HIV status and of his duty to warn partners of it. Both of the letters written by D.M. were admitted into evidence.

In regard to the evidence and argument concerning Sykes’s prior convictions, the record shows that Sykes’s trial counsel filed a motion in limine2 to prevent the [36]*36State from adducing evidence concerning Sykes’s prior convictions.3 The circuit court tentatively ruled that the State could not admit evidence of Sykes’s prior convictions unless the defense opened the door to it.

During the State’s direct examination of D.M., she testified, without objection, that, early after she and Sykes started their relationship, Sykes told her that he was on parole for “narcotics distribution.” When the State asked D.M. if Sykes ever told her what his prior conviction was really for, Sykes objected to the State’s question. The State explained that the evidence was relevant to show that Sykes was deceiving D.M. about his HIV status from the beginning of the relationship with the intent of preventing D.M. from knowing about it so that he could enter into a sexual relationship with D.M. The court sustained the objection, stating that, while Sykes’s prior conviction “may be” relevant, it did not believe the prior conviction was relevant “at this point.”4

D.M. continued to testify about Sykes’s repeated attempts to deceive her about his HIV status. D.M. said that she asked one of Sykes’s former bosses about Sykes’s HIV status and that the boss told her to contact Sykes’s parole officer. Sykes did not object to this testimony. When Sykes’s sister told D.M. that Sykes was HIV positive, D.M. confronted Sykes. This time, Sykes admitted that he was HIV positive. Sykes objected when the State asked D.M. again if Sykes told her what his prior conviction was actually for. The circuit court overruled Sykes’s objection finding that the admission was relevant to show Sykes’s motive for concealing his HIV status. D.M. then testified that Sykes’s prior conviction was for “knowingly infecting another person to HIV.”5

D.M. subsequently testified that she remained in a relationship with Sykes at that point because she loved him, because she believed that his disclosure meant they could work out their, problems, and because she assumed she was already HIV positive at this point. She said that she gave Sykes’s parole officer, Josie Johnson, a false letter saying that she had always known about Sykes’s HIV status because Sykes told her that his parole would be revoked without it. She also said that she told the Health Department case manager, Penny Magoon, that she had always known about Sykes’s HIV status because she wanted to protect Sykes from being reported.

D.M. testified that, after she and Sykes broke up, she “received papers” found online about Sykes’s prior court cases and that, after reading those and noting that she “could have been reading about [herself],” she decided to contact police because she thought Sykes was dangerous.6 [37]*37D.M. said that she also told Sykes’s parole officer and ease worker that her previous claims that she knew about Sykes’s HIV status from the beginning of their relationship were false.

During cross-examination, Sykes questioned D.M. about the timing of her recantation of her claim of full knowledge of Sykes’s HIV status to his parole officer, asking, ‘You wrote that after you learned that Sean Sykes was leaving you?” D.M. replied, “Sean had been gone a couple of days. I wrote that letter after I realized that Sean Lee Sykes, upon leaving me, would infect other people. Protecting Sean meant taking protection ... away from other people.”

Sykes then repeatedly questioned D.M. about her inconsistent statements to Johnson, Magoon, and Donna Sonner. D.M. admitted that she had lied about knowing about Sykes’s HIV status for Sykes’s sake, saying “I never wavered, always stood fast behind him. I stood fast behind Sean.” Sykes then asked D.M., “And you stayed that way until January of 2006?” D.M. responded, “Until I’m presented with documentation that proved Sean to be other than what he was — yes, I did. When documentation was presented to me, it made me aware of his danger to women in society. Yeah, I changed my mind. Thought maybe it wasn’t such a good thing to protect him anymore.”

Later, Sykes asked D.M., “Let me recap with you. The reason you decided to quit protecting Sean was when Penny Magoon showed you documents, documents that showed that he had infected another woman and that made you believe that he was a danger to other women?” D.M.

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Cite This Page — Counsel Stack

Bluebook (online)
372 S.W.3d 33, 2012 WL 1288487, 2012 Mo. App. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sykes-v-state-moctapp-2012.