Riggs v. State, 49S00-8602
| Decision Date | 16 June 1987 |
| Docket Number | No. 49S00-8602,49S00-8602 |
| Citation | 508 N.E.2d 1271 |
| Parties | Sterling RIGGS, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). CR 164. |
| Court | Indiana Supreme Court |
George K. Shields, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant Sterling Riggs was accused of sexually attacking an Indianapolis nursing home employee while she was on duty. He was convicted after a jury trial of rape, a class A felony, Ind.Code Sec. 35-42-4-1 (Burns 1985 Repl.); confinement, a class B felony, Ind.Code Sec. 35-42-3-3 (Burns 1985 Repl.); attempted deviate sexual conduct, a class A felony, Ind.Code Secs. 35-42-4-2, 35-41-5-1 (Burns 1985 Repl.); and two counts of deviate sexual conduct, both class A felonies, Ind.Code Sec. 35-42-4-2 (Burns 1985 Repl.). He was sentenced to concurrent terms of 10 years for confinement and 30 years for each of the other four charges.
In this direct appeal, Riggs raises two issues:
1) Whether the evidence was sufficient to identify him as the perpetrator, and
2) Whether his convictions for five distinct crimes arising from one course of conduct constitute double jeopardy.
The evidence shows that a man matching Riggs description entered the nursing home about 4:40 a.m. on April 24, 1985. B.R., the victim, discovered the intruder and yelled for help. The man grabbed B.R., held a knife to her back, and ordered her to move outside to vacant property nearby. After forcing B.R. to remove her clothing, including her white pantyhose, the assailant raped and sodomized her. Afterward, the attacker walked away, taking the victim's pantyhose with him. B.R. collected her remaining clothing and walked back to the nursing home.
She was met by police; they had been summoned by another nursing home employee who heard B.R.'s initial cries for help. The officers immediately broadcast B.R.'s description of her assailant. An officer patrolling the area discovered Riggs walking nearby and noted that Riggs matched the description of the rapist. Riggs ignored police requests to stop; he appeared to reach into his shirt and throw something to the ground. Police recovered a pair of white pantyhose from that site and discovered that Riggs was carrying a large kitchen knife under his shirt.
Although B.R. could not identify Riggs as her attacker from a photographic array, she identified him during a pre-trial line-up and at trial. She also identified the pantyhose which Riggs apparently had been carrying and testified that the knife confiscated from Riggs was similar to that used by her attacker.
Riggs claims the evidence was inadequate to prove beyond a reasonable doubt that he was the perpetrator of the crimes. Riggs alleges that the victim's view of her assailant was brief and poorly lighted. He further claims that her testimony was uncorroborated and fully contradicted. Implicit in his argument is a request that this Court reweigh the evidence and judge the credibility of witnesses, a task inappropriate for appellate review of a sufficiency claim. Loyd v. State (1980), 272 Ind. 404, 398 N.E.2d 1260, cert. denied, 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105. In such cases, we review only the evidence most favorable to the verdict, and the reasonable inferences therefrom, to determine whether a reasonable trier of fact could conclude that the defendant was guilty beyond a reasonable doubt. Id. Despite Riggs's claims to the contrary, the uncorroborated testimony of a sex crime victim alone is sufficient to support a conviction. Taylor v. State (1986), Ind., 496 N.E.2d 561.
The evidence most favorable to the verdict shows that the victim had several opportunities in good lighting to see her attacker and the knife. The victim was able to describe him to the police in great detail. Riggs, who matched the description perfectly, was discovered shortly after the attack in an area within walking distance of the nursing home. He carried a knife and the victim's pantyhose. When confronted by police, he discarded the hose and attempted to flee. The victim identified Riggs unequivocally during a pre-trial line-up and at trial.
In support of his argument that the evidence was insufficient to support the convictions, Riggs cites testimony suggesting that the hose could have...
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Riggs v. State, 49A02-9702-PC-120
...a verdict. Riggs was found guilty on all five counts. Our supreme court affirmed Riggs's convictions on June 16, 1987. Riggs v. State, 508 N.E.2d 1271 (Ind.1987). Riggs thereafter filed a petition for post-conviction relief, arguing that the trial court erred in failing to notify Riggs and ......
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Curry v. State
...deviate conduct cannot occur without the performance of an act involving a sex organ and another's mouth or anus. See Riggs v. State, 508 N.E.2d 1271 (Ind.1987) ("A defendant may be charged with multiple acts of rape and deviate sexual conduct committed upon the same victim when each act re......