Doyle v. State

• Decision Date: 26 December 1989
• Docket Number: No. F-86-356,F-86-356
• Citation: 1989 OK CR 85,785 P.2d 317
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Parties: David Lee DOYLE, Appellant, v. STATE of Oklahoma, Appellee.

Page 317

785 P.2d 317

David Lee DOYLE, Appellant, v. STATE of Oklahoma, Appellee.

No. F-86-356.

Court of Criminal Appeals of Oklahoma.

Dec. 26, 1989.

An Appeal from the District Court of Cleveland County; Preston Trimble, District Judge.

David Lee Doyle, Appellant, was tried by jury and convicted in the District Court of Cleveland County, Case No. CRF-85-423, of Robbery with a Dangerous Weapon (21 O.S.1981, § 791), Two Counts of Kidnapping (21 O.S.1981, § 741), and Four Counts of Forcible Sodomy (21 O.S.1981, § 888), and Case No. CRF-85-420 of Three Counts of First Degree Rape (21 O.S.1981, § 1114). The jury recommended as punishment twenty (20) years imprisonment for Robbery with a Dangerous Weapon, fifty (50) years imprisonment for one count of Kidnapping, thirty (30) years imprisonment for each count of Forcible Sodomy, and one hundred twenty five (125) years imprisonment for each count of First Degree Rape. The trial court sentenced accordingly. From this judgment and sentence, Appellant appeals. We AFFIRM.

Thomas Purcell, Asst. Appellate Public Defender, Norman, for appellant.

Robert H. Henry, Atty. Gen., and Sandra D. Howard, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

LUMPKIN, Judge:

Appellant David Lee Doyle was tried by jury and convicted in the District Court of Cleveland County, Case No. CRF-85-423, of Robbery with a Dangerous Weapon (21 O.S.1981, § 791), Two Counts of Kidnapping (21 O.S.1981, § 741), and Four Counts of Forcible Sodomy (21 O.S.1981, § 888), and in Case No. CRF-85-420 of Three Counts of First Degree Rape (21 O.S.1981, § 1114). The jury recommended as punishment twenty (20) years imprisonment for Robbery with a Dangerous Weapon, fifty (50) years imprisonment for one count of Kidnapping, thirty (30) years imprisonment for one count of Kidnapping, one hundred (100) years imprisonment for each count of Forcible Sodomy, and one hundred and twenty five (125) years imprisonment for each count of First Degree Rape. The trial court sentenced accordingly. From this judgment and sentence, Appellant appeals. We affirm.

On April 20, 1985, C.P., a high school senior from Tulsa, and her sister were in Norman, Oklahoma for a college fraternity party. There she met R.S., a young man she knew from high school. At approximately 2:00 a.m. on the 21st, they left the party with R.S. walking C.P. to the place where she was staying the weekend. As they neared the area known as Campus Corner the Appellant approached them and attempted to pick a fight with R.S. When R.S. refused to fight, Appellant placed himself in between C.P. and R.S., put his arms around them and accompanied them down the street. As C.P. and R.S. attempted to get away, Appellant tightened his grip. Appellant, armed with a knife, forced R.S. and C.P. to walk a flight of stairs to a nearby garage apartment. As soon as all three were inside the apartment, Appellant locked the four locks on the door. Appellant ordered his victims into the bathroom and forced them at knifepoint to remove all their clothes and jewelry. R.S. was forced into the bathtub and C.P. was ordered to tie his hands behind him with black electrical tape. Not satisfied with the way C.P. performed the task, Appellant hit her in the face with the back of his hand. Appellant then finished tying R.S.'s hands and feet with the tape, and placed the tape over R.S.'s mouth. R.S. was forced into a closet which was then locked.

Holding the knife to her back, Appellant directed C.P. into the front room. Pushing her down on the bed, Appellant attempted to rape her. Unable to achieve full penetration, Appellant jerked her from the bed and forced her to sit in a bathtub of hot water. C.P. attempted to grab the knife from Appellant but he closed his fist and struck her in the face. He then tied her hands behind her back and taped her mouth with the black electrical tape. C.P. was forced back to the bed in the front room where the Appellant completed the rape. During this time Appellant asked C.P. numerous questions. When she did not answer to his satisfaction, he would hit her in the face so that her nose began to bleed profusely. Convincing Appellant that she was unable to breath with the tape and blood covering her face, he put the knife to her face and cut the tape at her mouth. Appellant then forced her to orally sodomize him. Unsatisfied with her performance and bloody appearance, Appellant allowed C.P. to wash the blood from her face and hair. After washing her face, Appellant forced C.P. back to the bed where he made her get on her hands and knees before committing the second rape. Unable to understand why C.P. was resisting him, Appellant laid down, held the knife to C.P.'s arm and forced her to lay on top of him. After this third rape of C.P., Appellant forced her to again orally sodomize him. Appellant repeatedly told C.P. that if she did anything to him, he would kill her. Appellant pushed C.P. back against a wall and told her that one of them had to die and which did she want it to be, her or R.S.

Appellant proceeded to open the door to the closet where R.S. had been detained and kicked him and hit him across the face before pulling him out of the closet. Removing the tape from his mouth, Appellant forced R.S. to orally sodomize him. Appellant then forced both C.P. and R.S. to lie in the bathtub and engage in oral sodomy. Pulling them out of the tub, the Appellant pointed the knife at them, and repeatedly told them that one of them had to die. As the Appellant was about to plunge the knife into the chest of R.S., C.P. got the Appellant's attention by shouting at him. Throughout the ordeal, Appellant questioned C.P. about her personal life. These questions evolved into statements by Appellant that he and C.P. were husband and wife and that they would always be together. C.P. eventually decided to play along with Appellant and told him that she was his wife and that R.S. had merely given her a ride home. This satisfied Appellant so that he allowed R.S. to get dressed. With orders not to call the police, R.S. was allowed to leave.

As R.S. left the apartment, Appellant told C.P. that he did not trust R.S. because he would probably call the police, so they needed to go somewhere else. Allowing C.P. to get dressed, Appellant accompanied her down the street making periodic threats on her life if she tried to get away. Walking across the street through a church parking lot, Appellant forced C.P. into a wooden shed. Once inside Appellant spotted a can of red spray paint. Forcing C.P. to turn around and pull down her pants, Appellant sprayed the red paint over her back and up and down her legs. Directing her to turn around and pull up her shirt, Appellant continued to spray the red paint on her chest and the front of her legs. When C.P. asked Appellant why he was doing this, he responded that he wanted to see what she would "look like all cut up and bloody and pieces."

Finished with the red paint, C.P. was again compelled at knifepoint to orally sodomize Appellant. As Appellant threatened to rape her a fourth time, C.P. convinced him to let her remove the pants that were down at her ankles. As she removed the pants she kicked Appellant with her right foot and attempted to run out of the shed. Appellant grabbed her left foot but she was able to jerk it away and run down the street. She ran to the first house she saw and was let in to call the police.

At trial, Appellant's sole defense was that of insanity at the time of the offense. John Torro, a certified drug and alcohol counselor, testified that he had worked with the Appellant from January 1982 until July 1982. He stated that Appellant suffered from moderate to severe alcohol and multiple chemical addiction and that individuals with that level of addiction were prone to experience blackouts. Dan Corley, a psychologist with the Department of Corrections, testified that he treated Appellant while he was on work release and that Appellant suffered from an unsocial personality disorder. Phillip Short, a psychiatrist, testified that he met with Appellant in the Cleveland County Detention Center in August 1985. During a two hour interview the Appellant described his history of alcohol abuse, an incident in which he was molested, and gave his version of the facts surrounding these charges. Dr. Short testified that he concluded Appellant was not psychotic but was probably highly intoxicated at the time of the commission of the offense. In rebuttal, the State presented Dr. R.D. Garcia, a forensic psychiatrist who performed the court ordered examination of Appellant at Eastern State Hospital. He testified that his tests revealed no long term chronic alcohol problem by Appellant and stated that it would be physically impossible for an individual to have committed the alleged offenses during an alcoholic blackout.

In his first assignment of error, Appellant alleges the trial court erred in permitting him to be tried as a habitual offender. The record reveals that Appellant was originally charged with Rape After Former Conviction of Two or More Felonies in CRF-85-420 and Robbery, Kidnapping (two counts), and Sodomy (two counts) After Former Conviction of Two or More Felonies in CRF-85-423. During the first stage of the preliminary hearing the State moved to amend the informations to allege two additional counts of sodomy in CRF-85-423 and two additional counts of first degree rape in CRF-85-420. The magistrate ordered Appellant bound over for trial on counts one through seven in CRF-85-423 and three counts of First Degree Rape in CRF-85-420 and granted the State twenty days to amend the informations to conform with the proof adduced at preliminary hearing. In the second stage, the State presented evidence of two prior felony convictions in the form of certified copies of judgments and sentences. Over an objection by defense counsel, Appellant was then bound over for trial as a habitual offender. Two days later...