McKinnon v. State, F-86-691

• Decision Date: 01 April 1988
• Docket Number: No. F-86-691,F-86-691
• Citation: 752 P.2d 833
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Parties: Patrick McKINNON, Appellant, v. STATE of Oklahoma, Appellee.

Page 833

752 P.2d 833

Patrick McKINNON, Appellant, v. STATE of Oklahoma, Appellee.

No. F-86-691.

Court of Criminal Appeals of Oklahoma.

April 1, 1988.

An appeal from the District Court of Tulsa County; Clifford E. Hopper, District Judge.

Patrick McKinnon, appellant, was convicted in the District Court of Tulsa County in Case No. CRF-85-4208 for the crimes of First Degree Rape in Count I and Forcible Sodomy in Counts II and III. A fourth crime of Rape by Instrumentation in Count IV was dismissed upon motion by the State. Punishment was set at twenty (20) years on Count I, five (5) years on Count II, and five (5) years on Count III, with Counts II and III to run concurrently. From these judgments and sentences, he appeals. AFFIRMED.

Jim Fransein, Tulsa, for appellant.

Robert H. Henry, Atty. Gen., Tomilou Gentry Liddell, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

The appellant, Patrick McKinnon, was convicted in the District Court of Tulsa County, in Case No. CRF-85-4208, for the crimes of First Degree Rape in Count I and Forcible Sodomy in Counts II and III. A fourth crime of Rape by Instrumentation in Count IV was dismissed upon motion by the State. Punishment was set at twenty (20) years on Count I, five (5) years on Count II, and five (5) years on Count III, with Counts II and III to run concurrently. From these judgments and sentences, he appeals.

On the evening of November 1, 1985, the appellant escorted D.V. to Illusions, a local nightclub in Tulsa Oklahoma, where the two drank and danced throughout the evening. The appellant met D.V. at the Crystal Pistol, a topless dance club in Tulsa where she was employed as a stripper. At closing time, D.V. requested the appellant to take her home. However, the appellant first drove to an adult bookstore, where they watched an adult film in the arcade. D.V. again requested that he take her home, but the appellant drove them back to his home at approximately 1:30 a.m., November 2, 1985. The appellant pulled D.V. into his bedroom, seated her on his bed and tried to take her coat off. As D.V. struggled with the appellant, she begged him to take her home, but he continued to take her coat off until it ripped, and then began to take her clothes off. Suddenly, he clipped a handcuff on her right wrist and hooked it to the foot of the bed and tied her other hand to the bedpost. He then blindfolded and gagged D.V. with two bandannas, disrobed her and tied both of her legs to the bedposts, and then momentarily left the room. The appellant returned to the room, completely naked, sat down on D.V.'s chest and forced her to sodomize him. He then clamped clothespins on the nipples of D.V.'s breasts and adjusted them tighter and tighter until she agreed to sodomize him again. The appellant untied her and retied her to the other end of the bed, left her feet untied, and forced D.V. to have intercourse with him. After he removed the clothespins from her breasts, the appellant again forced her to orally sodomize him. He then handcuffed D.V.'s hands behind her back, had intercourse with her again, and told her to stop crying or he would put the clothespins back on her breasts. As D.V. struggled, the appellant then orally sodomized her. Throughout the whole incident D.V. begged the appellant to take her home. The appellant agreed to her requests, but conditioned them on her performing another sex act. The appellant then unhooked the handcuffs in order to escort the victim to the bathroom. He finally agreed that if she would sodomize him five more minutes until he could ejaculate, he would take her home. However, even after this act occurred, the appellant rehandcuffed her to the bed. When the appellant's roommate called him, he momentarily left the room, and D.V. managed to free herself from the handcuffs. Just as she reached the bedroom door, the appellant caught her and told her to get dressed. He then drove her to the Hollywood Apartments and released her at approximately 5:00 or 5:30 a.m. Subsequently, she notified the police.

Dr. James Mitchell, a resident in obstetrics and gynecology at Tulsa Medical College, testified that he performed a rape examination on D.V. shortly after the incident. He stated that D.V. had bruises on her nipples, as well as abrasions and bruises on her wrists and ankles. He further noted that her vagina was extremely red and swollen, indicating that trauma had occurred from something rubbing against her dry vaginal area. Dr. Mitchell stated that it was unlikely that she was sexually aroused during the rape because the normal vaginal secretions were not present to lubricate the vagina. Detective Robert Holman of the Tulsa Police Department testified that upon procuring a search warrant for the appellant's residence the police found the appellant's bedroom as described by the...