Rivera-Guadiana v. State
| Docket Number: | 2010-KA-00809-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-06-2011 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sexual battery - Reasonable doubt instruction - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-16-2009 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: CONVICTED OF SEXUAL BATTERY AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: B-2401-09-564 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Alfonso Rivera-Guadiana |
LESLIE S. LEE, HUNTER N. AIKENS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA L. BLOUNT |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Sexual battery - Reasonable doubt instruction - Weight of evidence |
| Summary of the Facts: | Alfonso Rivera-Guadiana was convicted of sexual battery and sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Reasonable doubt instruction Rivera-Guadiana argues that the circuit court erred when it refused to give his reasonable doubt jury instruction. A defendant is entitled to have jury instructions given which present his theory of the case; however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Read as a whole, the jury instructions adequately covered the State’s burden of proof. Thus, the trial court adequately set forth the law governing the charges brought and did not err when it refused to give Rivera-Guadiana’s instruction. Issue 2: Weight of evidence Rivera-Guadiana argues that the verdict is against the overwhelming weight of the evidence. There was no dispute that Rivera-Guadiana and the victim had sexual intercourse. The only question was whether the victim consented. She claimed that she did not, and Rivera-Guadiana claimed that she did. The unsupported word of the victim of a sex crime is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other credible evidence, especially if the conduct of the victim is consistent with the conduct of one who has been victimized by a sex crime. Here, the victim’s testimony was not discredited, and her testimony was corroborated by other evidence. Thus, the jury’s verdict is not against the overwhelming weight of the evidence. |
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