State v. Haid

• Decision Date: 23 November 2011
• Docket Number: No. 35680.,35680.
• Citation: 721 S.E.2d 529,228 W.Va. 510
• Parties: STATE of West Virginia, Plaintiff Below, Respondent, v. Tracy L. HAID, Defendant Below, Petitioner.
• Court: West Virginia Supreme Court

228 W.Va. 510

721 S.E.2d 529

STATE of West Virginia, Plaintiff Below, Respondent,

v.Tracy L. HAID, Defendant Below, Petitioner.

No. 35680.

Supreme Court of Appeals of West Virginia.

Submitted Sept. 7, 2011.Decided Nov. 23, 2011.

Syllabus by the Court

1. “A conviction for any sexual offense may be obtained on the uncorroborated testimony of the victim, unless such testimony is inherently incredible, the credibility is a question for the jury.” Syl. pt. 5, State v. Beck, 167 W.Va. 830, 286 S.E.2d 234 (1981).

2. “As a general rule, the refusal to give a requested jury instruction is reviewed for an abuse of discretion. By contrast, the question of whether a jury was properly instructed is a question of law, and the review is de novo.” Syl. pt. 1, State v. Hinkle, 200 W.Va. 280, 489 S.E.2d 257 (1996).

3. “A trial court's instructions to the jury must be a correct statement of the law and supported by the evidence. Jury instructions are reviewed by determining whether the charge, reviewed as a whole, sufficiently instructed the jury so they understood the issues involved and were not misled by the law. A jury instruction cannot be dissected on appeal; instead, the entire instruction is looked at when determining its accuracy. A trial court, therefore, has broad discretion in formulating its charge to the jury, so long as the charge accurately reflects the law. Deference is given to a trial court's discretion concerning the specific wording of the instruction, and the precise extent and character of any specific instruction will be reviewed only for an abuse of discretion.” Syl. pt. 4, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

4. “A criminal defendant challenging the sufficiency of the evidence to support a conviction takes on a heavy burden. An appellate court must review all the evidence, whether direct or circumstantial, in the light most favorable to the prosecution and must credit all inferences and credibility assessments that the jury might have drawn in favor of the prosecution. The evidence need not be inconsistent with every conclusion save that of guilt so long as the jury can find guilt beyond a reasonable doubt. Credibility determinations are for a jury and not an appellate court. Finally, a jury verdict should be set aside only when the record contains no evidence, regardless of how it is weighed, from which the jury could find guilt beyond a reasonable doubt. To the extent that our prior cases are inconsistent, they are expressly overruled.” Syl. pt. 3, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

5. “The function of an appellate court when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, is sufficient to convince a reasonable person of the defendant's guilt beyond a reasonable doubt. Thus, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt.” Syl. pt. 1, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

George J. Consenza, Esq., Parkersburg, WV, for Petitioner.

Darrell V. McGraw Jr., Esq., Attorney General, Thomas W. Rodd, Esq., Assistant Attorney General, Charleston, WV, for Respondent.

PER CURIAM:

The instant action is before this Court upon the appeal of Tracy L. Haid (hereinafter “petitioner”) of a jury conviction for two counts of sexual assault in the third degree, commonly referred to as statutory rape. On November 16, 2009, the petitioner was sentenced to one to five years in the penitentiary on each count, said sentences to run concurrently. The petitioner was also ordered to register on the sexual offender registry for a period of 10 years, and was fined $5,000. The petitioner alleges that the lower court erred in applying the rape shield statute, in failing to grant a motion for judgment of acquittal and by improperly instructing the jury. We have carefully reviewed the record, the parties' briefs and arguments before this Court and affirm for the reasons cited herein.

I.FACTUAL AND PROCEDURAL HISTORY

The petitioner, Tracy L. Haid, was 39 years of age when he was named in a six-count indictment alleging sexual offenses involving the then 15–year–old victim, S.S.¹ The indictment alleged that the petitioner committed sexual assault in the second degree in Counts 1, 2 and 3, and sexual assault in the third degree in Counts 4, 5 and 6, on or about February 20, 2007, in Jackson County. W. Va.Code § 61–8B–4 (1991) defines sexual assault in the second degree as follows:

(a) A person is guilty of sexual assault in the second degree when:

(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or

(2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.

W. Va.Code § 61–8B–5 (2000) defines sexual assault in the third degree as follows:

(a) A person is guilty of sexual assault in the third degree when:

(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or

(2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant.

The petitioner denied the charges against him, and the case proceeded to trial by a jury on September 8, 2009. Evidence adduced at trial showed that S.S. and the petitioner first met on the Internet-based messaging service Yahoo!. S.S. had posted a profile identifying herself as an 18–year–old high school student who went by the screen name of “girlrocks_hard” who was looking for a long-term relationship. The petitioner's Yahoo! profile indicated that he was over the age of 18 years and utilized the screen moniker of “wvmtman.” For a period of six months prior to February 20, 2007, the petitioner and S.S. engaged in a series of computer-based discussions using Yahoo!'s chat room ² system, specifically the chat room known as “adult romance.” In order to participate in activities in the adult romance chat room, Yahoo!'s terms of service ³ require users to be over the age of 18 years. According to the victim, the chats ⁴ initially were non-sexual in nature but after a period of approximately two months the chats took on a decidedly adult tone, including discussions about prior sexual experiences and questions about personal sexual preferences.

After about six months of chatting, the petitioner and S.S. decided that they wanted to expand the nature of their relationship by meeting in person. Arrangements were made for the petitioner and S.S. to meet “in real life.” The petitioner called the victim on her cell phone to confirm where to meet. The agreement was made to meet along the road near the victim's house in Mason County. At approximately 5:30 p.m. the petitioner picked up S.S. along the road. From there they traveled to the petitioner's home in Jackson County. The petitioner testified that he stopped at his house to pick up his guitar, as he was taking the victim to band practice with him. The victim testified that once she entered the petitioner's home, she was repeatedly offered beer, which she refused. The victim testified at trial that the petitioner then began to kiss and fondle her over her protests. The victim testified that the petitioner eventually pulled her by her arm and dragged her into a bedroom, where he continued to make sexual advances against S.S.'s wishes. The petitioner removed the victim's pants and performed oral sex on her and then had anal intercourse with her. Afterward, Mr. Haid drove the victim back to Mason County, dropping her off along the roadway near her home.

The victim did not immediately report the petitioner's actions to anyone. On March 23, 2007, S.S. told members of her church what had transpired between her and the petitioner. Law enforcement was contacted and an investigation was launched into the accusations of sexual assault. On June 24, 2008, an indictment was returned accusing the petitioner of committing six counts of sexual assault.

The petitioner sought a jury trial, which commenced on September 8, 2009. The petitioner's defense at trial to the charges facing him was that the acts did not happen. He did not raise any issue regarding misunderstanding S.S.'s true age, or any misrepresentations thereof. He testified that he ventured into the Yahoo! chat room to find people he could meet in his local area. Mr. Haid testified that he checked out the victim's profile when he realized that she lived near him and determined that she was 18 years of age. He stated that he informed S.S. that he was 39 years of age, had two children and shared other personal information, but he denied any “dirty talk” with the victim.

Regarding the meeting, the petitioner testified that he noticed that S.S. was heavier than she appeared on her profile when he picked her up. The petitioner stated that he drove her to his house to pick up his guitar for band practice. He testified that while he was driving her in his car, the victim began receiving phone calls from someone. The petitioner stated that he assumed the calls were from friends but later found out they were from a boyfriend. He then questioned S.S. about her age and stated she admitted that she was 16 years of age. The petitioner then made her leave the house with him. They then got back in the car and he drove her to her boyfriend's house. He denied any sexual contact whatsoever with S.S.

Also testifying at trial was a law enforcement officer, who spoke of the investigation into these allegations. There was no forensic medical...