Strong v. State
| Decision Date | 21 February 2008 |
| Docket Number | No. CR 06-1346.,CR 06-1346. |
| Citation | 372 Ark. 404,277 S.W.3d 159 |
| Parties | Richard Leon STRONG, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Appellant Richard Leon Strong was convicted by a Greene County jury of two counts of rape and was sentenced to serve two consecutive life sentences. His attorney has filed a motion to withdraw as counsel and a no-merit brief, in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Ark. Sup.Ct. R. 4-3(j)(1) (2007). Strong has submitted pro se points for reversal, pursuant to Ark. Sup.Ct. R. 4-3(j)(2), and the State has responded, pursuant to Ark. Sup.Ct. R. 4-3(j)(3). Our jurisdiction is in accordance with Ark. Sup.Ct. R. 1-2(a)(2) (2007), because Strong received sentences of life imprisonment. We find no error in the court's rulings below; therefore, we grant Strong's counsel's motion to withdraw and affirm the convictions.
K.M., the alleged victim, was fifteen years old at the time of the charged rapes. She grew up in the home of Strong and his wife, Thelma "Rose" Strong, after her biological mother left her in their care. K.M. lived with the Strong family from the time she was an infant, and, although she was never formally adopted, she considered the Strongs to be her parents. At the time of the charged rapes, Richard and Rose Strong had recently and temporarily separated; as a result, K.M. and Rose were staying in the apartment of Bertie Theodoropoulos, Richard's mother.
On January 16, 2006, K.M. went to the Paragould Police Department to report that she had been raped by Strong. She was accompanied by the Strongs' three biological daughters, as well as Bertie. K.M. reported two recent incidents of abuse, which formed the basis of the charges, but testified at trial that the abuse was ongoing and began when she was approximately six or seven years old. The first of the recent incidents was alleged to have occurred on January 10, 2006, in a room at the Sunset Motel in Paragould. According to K.M.'s trial testimony, Strong telephoned Bertie's apartment that day to ask if he could take K.M. out to dinner and to a movie. K.M. agreed to eat with him, and, instead of seeing a movie, the two then shopped briefly at Wal-Mart. Strong then drove to the motel to pick up the key to the room, which he claimed to have rented in an effort to reunite with Rose. Strong urged K.M. to spend the night with him at the motel, but she refused. From the motel, Strong drove to a liquor store, where he purchased some alcohol and also bought a Dr. Pepper for K.M. The two then returned to the motel and entered the room he had rented. Each used the restroom separately. When K.M. exited the restroom, Strong had poured the soda into a glass for her and told her to drink it. K.M. noticed that the soda tasted odd and observed a white, chunky substance in the bottom of the glass. Strong then forced K.M. to have sexual intercourse with him. Afterward, he drove her back to Bertie's apartment.
Nic Khan, the owner and manager of the Sunset Motel, testified that Strong rented a room at approximately 10:00 or 11:00 on the night in question. A registration form showing the rental was admitted into evidence. Rose, who testified for the defense, stated that she left with Strong after he returned K.M. to Bertie's apartment that evening. She testified that they drove to McDonald's to buy a milkshake for K.M., took the milkshake to the apartment, went to a liquor store, and finally went to the same room at the Sunset Motel. Rose stated that the two of them stayed at the motel and talked until early the next morning about their marital problems, in an attempt to reconcile. According to Rose's testimony, she and Strong had sex in the motel room.
The second of the recent incidents was alleged to have occurred at Bertie's apartment on the night of January 13, 2006. By this date, Strong was also residing in Bertie's apartment with Rose and K.M. At approximately 7:00, Bertie and Rose, along with the Strongs' daughter Crystal and her boyfriend, left the apartment to spend the evening at a local bar. K.M. was left alone in the apartment with Strong and Crystal's infant daughter. Two of K.M.'s friends visited but only stayed at the apartment for approximately fifteen to twenty minutes. Sometime between 10:00 and 10:30, Crystal and her boyfriend arrived at the apartment to pick up the baby and then left. Shortly thereafter, Strong instructed K.M. to lock the front door and come into the bedroom. Strong forced K.M. to have sexual intercourse with him in Bertie's bed. He then cleaned himself and the area with a sock. According to Bertie's trial testimony, she and Rose returned to the apartment at approximately 10:30. At that time, K.M. and Strong were alone in the apartment.
K.M. gave the underwear that she wore on the evening of January 13 to the investigating officer, Detective Rhonda Thomas. In addition, Bertie gave Detective Thomas the unwashed fitted sheet from her bed and the sock that Strong had allegedly used to clean himself. Melissa Myhand, forensic DNA analyst at the Arkansas State Crime Laboratory, testified that, within all scientific certainty, the semen found on both the underwear and the sock originated from Strong. Epithelial cells found on the sock originated from K.M. Myhand testified that epithelial cells include skin cells, vaginal fluid, and cells obtained by oral swabs. No semen was found on the bedsheet.
K.M. was interviewed and examined on January 19, 2006, by Kathy Young, a nurse practitioner with considerable expertise in the area of sexual abuse of children. Young testified that her findings were consistent with K.M.'s allegations of sexual abuse. Specifically, Young noted a high level of estrogen effect, which suggests a long history of sexual abuse. She also observed an old injury to the hymen that was consistent with penetration at an early age.
Strong was formally charged in an information filed on February 23, 2006. An additional charge of incest was included but was dismissed before trial. Following the entry of judgment on August 17, 2006, Strong filed a timely pro se notice of appeal.
We first turn to the arguments made by Strong's counsel in the no-merit brief. Counsel points to six rulings below that were adverse to Strong and explains why none provide a meritorious ground for reversal of the convictions.
Counsel asserts that Strong's directed-verdict motions were properly denied. This ruling is also discussed in Strong's pro se points for reversal and in the State's response. Thus, we will consider those arguments at this time as well. Although this ruling was not the first addressed by counsel or by Strong, double jeopardy considerations require this court to review a directed-verdict argument before other points are addressed. See Ramaker v. State, 345 Ark. 225, 46 S.W.3d 519 (2001).
We treat a motion for directed verdict as a challenge to the sufficiency of the evidence. Cluck v. State, 365 Ark. 166, 226 S.W.3d 780 (2006). This court has repeatedly held that in reviewing a challenge to the sufficiency of the evidence, we view the evidence in a light most favorable to the State and consider only the evidence that supports the verdict. Id. We affirm a conviction if substantial evidence exists to support it. Id. Substantial evidence is that which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture. Id.
Furthermore, circumstantial evidence may provide a basis to support a conviction, but it must be consistent with the defendant's guilt and inconsistent with any other reasonable conclusion. Id. Whether the evidence excludes every other hypothesis is left to the jury to decide. Id. The credibility of witnesses is an issue for the jury and not the court. Id. The trier of fact is free to believe all or part of any witness's testimony and may resolve questions of conflicting testimony and inconsistent evidence. Id.
We conclude that substantial evidence supports Strong's convictions. He was charged with two counts of rape under Ark.Code Ann. § 5-14-103(a)(4)(A)(i) (Repl.2006): A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person who is less than eighteen years of age and the actor is the victim's guardian. Thus, a conviction would require proof that K.M. was less than eighteen years of age, that Strong was her guardian, and that Strong engaged in sexual intercourse or deviate sexual activity with her.
We have held in rape cases that a victim's uncorroborated testimony is sufficient to support a conviction if the statutory elements of the offense are satisfied. Pinder v. State, 357 Ark. 275, 166 S.W.3d 49 (2004). Even when an appellant denies all of the allegations or contradicts the victim's testimony, the jury is free to disbelieve the appellant's self-serving testimony and believe the victim's testimony instead. Id. K.M.'s testimony that she was fifteen years of age at the time of the two charged rapes, that she grew up in Strong's home and considered him her father, and that Strong engaged in sexual intercourse with her is sufficient to support the rape convictions.
Moreover, K.M.'s testimony was corroborated by other reliable evidence. The forensic DNA analyst's testimony that the semen found on the sock and the underwear matched the DNA sample provided by Strong, along with the nurse practitioner's testimony that K.M.'s injuries were consistent with sexual abuse, provide proof beyond K.M.'s testimony. Additionally, other witnesses, such as Bertie Theodoropoulos and Nic Khan, testified as to Strong's...
To continue reading
Request your trial
-
Tucker v. State
...evidence in determining probable guilt and may be considered as corroboration of evidence tending to establish guilt. Strong v. State, 372 Ark. 404, 277 S.W.3d 159 (2008). Accordingly, there is no merit to Appellant's argument that the State failed to present sufficient corroborating eviden......
-
Ortega v. State
...to authority or convincing argument. E.g. , Kelly v. State , 350 Ark. 238, 241, 85 S.W.3d 893, 895 (2002) ; Strong v. State , 372 Ark. 404, 419, 277 S.W.3d 159, 170 (2008) ("We will not consider an argument, even a constitutional one, when the appellant presents no citation to authority or ......
-
Wallace v. State
... ... 302 S.W.3d 589 ... counsel proceeded with cross-examination without raising the issue again or requesting a ruling. An appellant must obtain a ruling on his or her argument to preserve the matter for this court's review. Strong v. State, 372 Ark. 404, 419, 277 S.W.3d 159, 170 (2008). The burden of providing a record sufficient to demonstrate error is upon the appellant. Id. Because Wallace has failed to provide such a record on this issue, we are precluded from addressing the merits of his argument ... Motion for ... ...
-
Hoover v. State
... ... Hogue v. State, 2011 Ark. 496 (per curiam); McCoy v. State, 2011 Ark. 13 (per curiam). Coram-nobis proceedings are attended by a strong presumption that the judgment of conviction is valid. Biggs v. State, 2011 Ark. 304 (per curiam).To warrant a writ of error coram nobis, a petitioner has the burden of bringing forth some fact, extrinsic to the record, that was not known at the time of trial. Martin v. State, 2012 Ark. 44 (per ... ...