State v. Olds, s. 56551
| Citation | 831 S.W.2d 713 |
| Decision Date | 05 May 1992 |
| Docket Number | 59346,Nos. 56551,s. 56551 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Dennis OLDS, Defendant-Appellant. Dennis OLDS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent. |
| Court | Missouri Court of Appeals |
David C. Hemingway, Cathy Rene Kelly, James Stewart McKay, St. Louis, for appellant.
William L. Webster, Atty. Gen., Joan F. Edwards, Asst. Atty. Gen., Jefferson City, for respondent.
Dennis Olds appeals his convictions, after a four day jury trial, of: (1) four counts of forcible rape, Section 566.030, RSMo 1986; (2) two counts of felonious restraint, Section 565.120, RSMo 1986; (3) one count of kidnapping, Section 565.110, RSMo 1986; (4) two counts of armed criminal action, Section 571.015, RSMo 1986; (5) one count of sodomy, Section 566.060.2, RSMo 1986; (6) one count of second degree assault, Section 565.060, RSMo 1986; and (7) one count of stealing over $150.00, Section 570.030 RSMo 1986. Additionally, Olds appeals the denial of his Rule 29.15 motion for post-conviction relief, after two evidentiary hearings. We have consolidated Olds' two appeals, pursuant to Rule 29.15(l ). We affirm in part, reverse in part and remand with instructions.
The evidence adduced at trial, in the light most favorable to the verdict, is as follows. On July 11, 1987, shortly after 4:00 p.m., victim Patrice was walking east on Washington Avenue, when a car suddenly pulled up beside her. Olds got out of the car and approached victim Patrice with his pants unzipped. Although Patrice began to run, Olds caught her and pushed her into a doorway. Patrice was screaming and crying, hoping to attract the attention of any car going down Compton. None, however, stopped. As Olds grabbed Patrice, he held on to his back pocket, stating: "[s]hut up or I'll kill you." Olds thereafter put victim Patrice in a headlock and pulled her down a gangway. Victim Patrice briefly escaped. She attempted to run down the gangway, which she thought was an alleyway--a way out. The gangway, however, was bricked in, leaving Patrice with no avenue of escape. Olds grabbed a bottle or a brick, and again warned victim Patrice to be quiet or he would kill her. Olds, thereafter, pushed Patrice face down and pulled down her stockings and underwear. Olds attempted to penetrate Patrice. Unsuccessful in his attempt, he ordered Patrice to place his penis in her vagina. Patrice complied, while Olds licked her face. After raping Patrice, Olds stood up and asked Patrice how much money she had in her possession. He thereafter instructed Patrice: "[d]on't get up until I'm gone." Olds subsequently got into his vehicle and drove off.
Patrice attempted to straighten her clothes, removing the pieces of torn stockings, which she left at the scene. She then walked home, called her sister and summoned the police. When the police arrived, they asked if she could take them back to the crime scene. Patrice did so. Additionally, she gave the officers a description of Olds. The officers, thereafter, took Patrice to Barnes Hospital, where doctors examined her.
About two weeks later, on July 29, 1987, at approximately 9:15 p.m., victim Monnette was walking down Kingshighway, on her way to work. Monnette noticed that a man, Olds, was following her. When Monnette turned around to see how close Olds was to her, he grabbed her by the arm, pulled out a knife, and told her to walk with him without saying anything. While holding her at knife point, Olds instructed victim Monnette to walk up a driveway and lay face down on the grass. Olds attempted to penetrate Monnette's vagina with his penis, but he was unable to enter. Olds ordered victim Monnette to turn over, whereupon he penetrated her vagina with his penis. After Olds raped Monnette, he went through her purse and apparently took something. Olds told Monnette to be quiet. He then left the scene.
Monnette walked down the street and called the police. When the police arrived, Monnette gave them a description of Olds. Monnette then led police to the rape scene. Thereafter, the police drove Monnette to her house, where she met her mother. Police took both Monnette and her mother to Children's Hospital, where doctors examined Monnette.
Almost three months later, on October 23, 1987, at approximately 1:30 p.m., victim Ovaloretta was walking down Labadie on her way to look at an apartment. Ovaloretta had her then one year old daughter with her. As Ovaloretta bent down to tie her daughter's shoe, Olds approached her from behind and put a jacket over her head. Olds told her not to scream or he would hurt the child. Not believing him, Ovaloretta fought and screamed for help. Olds pushed Ovaloretta down to the ground. She then kicked him between the legs. In response, Olds pulled out a knife and cut Ovaloretta's chin. Ovaloretta again fought with Olds, however, Olds told her that if she did not stop, he would hurt her daughter. Ovaloretta, therefore, told Olds that she would do what he said. Olds ordered Ovaloretta to get up, take her daughter and enter a vacant building. Olds removed the child's diaper, and placed her in what appeared to be the bottom part of a toilet. Olds then took off Ovaloretta's pants and, using one of her pants legs, tied her to a gas pipe that was sticking out of the floor. Olds removed her underwear and ordered her to lie on a cabinet that was on the floor. Olds, thereafter, placed his penis in Ovaloretta's vagina. He then forced his penis in her mouth. Turning Ovaloretta on her stomach, Olds attempted to place his penis in her anus. Unsuccessful at this attempt, he turned her over once more and again placed his penis in her vagina.
Olds held the knife on Ovaloretta during all of these events. He threatened to rape her daughter if she did not cooperate. Initially, Olds attempted to hide his face with a scarf. However, during the course of the sex acts, he placed the scarf over Ovaloretta's eyes so that she would not be able to see him. After the sex acts were completed, Olds removed the scarf, and instructed Ovaloretta not to look. Despite this instruction, Ovaloretta scanned Olds from head to toe. As Olds proceeded to leave, he told Ovaloretta to wait there five minutes and not to attempt to follow him.
After waiting a few minutes, Ovaloretta freed herself from the pipe, went to her daughter and put back on the child's diaper. She then went to a phone booth to call her mother. Ovaloretta's mother told her to come straight home. Ovaloretta did so, and called the police. When the police arrived, Ovaloretta gave them a description of Olds and then took them to the crime scene. The officers subsequently took Ovaloretta to Barnes Hospital where doctors examined her.
Finally, victim Valerie testified that the following events occurred on December 10, 1987. Sometime between 5:00 p.m. and 6:15 p.m., Valerie left her job and picked her son up from day care. After the two waited for a bus which had not yet come, victim Valerie decided that they would walk to a friend's place of employment to visit the friend. While walking down the street, a car suddenly pulled over, Olds exited the vehicle, grabbed Valerie's son and put a gun to the child's head. Olds warned Valerie not to scream or he would kill her son. He then forced her into his car, whereupon he drove to a loading dock. Once there, Olds demanded that Valerie perform an act of sodomy on him. He then instructed Valerie to exit the vehicle. Once outside, Olds made Valerie lie down on a box, whereafter he penetrated her vagina with his penis. Olds subsequently forced her back into the car where he demanded her purse. Shortly thereafter, he ordered Valerie to take her son and get out of his car. Valerie took her son and exited the vehicle. She then began walking down the street, whereupon a man, with whom she was acquainted, stopped his automobile, picked her and her son up, and took them to Valerie's sister's house. When they arrived, Valerie called the police. Valerie subsequently accompanied the police to the rape scene. The police then took her to the hospital where doctors examined her.
Olds challenged Valerie's recitation of the above facts. Olds testified that the following events actually occurred. Valerie asked Olds to pick her up from work so that she could pay him some $350.00 that she owed him from a cocaine transaction. After picking Valerie up, the two went to Valerie's son's daycare center, where they picked him up. All three then went to White Castle. They subsequently drove to several houses so that Valerie could pick up debts that people owed her. The three eventually ended up at a motel where Valerie was to meet someone. Once at the motel, the three entered a motel room, where Olds and victim Valerie had consensual sexual intercourse. Olds, thereafter, took Valerie home, keeping her paycheck that he removed from her purse. At the close of evidence, instructions and arguments of counsel, the jury found Olds guilty of: (1) one count of rape and one count of kidnapping regarding Patrice; (2) one count of rape and one count of armed criminal action regarding Monnette; (3) two counts of rape, one count of forcible sodomy, two counts of felonious restraint, one count of second degree assault and one count of armed criminal action regarding Ovaloretta; and (4) one count of felony stealing regarding Valerie. The jury acquitted Olds of one count of rape, one count of forcible sodomy, one count of first degree robbery and two counts of kidnapping regarding Valerie and her son.
On April 7, 1989, the court sentenced Olds, as a prior and persistent offender, to terms of: (1) seventy-five years for each of the four counts of rape; (2) seventy-five years for each of the two counts of armed criminal action; (3) seven years for each of the two counts of...
To continue reading
Request your trial
-
State v. Carson
...(Mo.App.1993); State v. Boyington, 831 S.W.2d 642, 645 (Mo.App.1992); State v. Cole, 844 S.W.2d 493, 497 (Mo.App.1992); State v. Olds, 831 S.W.2d 713, 721 (Mo.App.1992); State v. Crawley, 814 S.W.2d 8, 9 (Mo.App.1991); State v. Depriest, 822 S.W.2d 488, 493 (Mo.App.1991); State v. Jamerson,......
-
State v. Lee, No. 62240
...contain the correct mental state for a violation of § 195.020. However, MAI-CR3d 332.06 was the applicable instruction. State v. Olds, 831 S.W.2d 713, 721 (Mo.App.1992). Defendant was prejudiced by the failure to submit the applicable instruction which required the State to prove Defendant ......
-
State v. Pasteur
...and gives the trial court discretion to determine whether prejudice would result if the charges were tried together. State v. Olds, 831 S.W.2d 713, 718 (Mo.App. E.D. 1992). "A defendant does not have either a federal or state constitutional right to be tried on only one offense at a time." ......
-
State v. Bommarito, s. 60008
...imposed for forcible rape is greater than the thirty year maximum that may be imposed for Class A forcible rape. See State v. Olds, 831 S.W.2d 713, 721-22 (Mo.App.1992). Defendant has failed to point to any evidence to show that he would have received a shorter sentence absent the prosecuto......