[DOWNLOAD] "State v. Zuniga" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Zuniga
- Author : Supreme Court of Kansas
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This is an appeal by the defendant, Armondo B. Zuniga, from his
conviction of rape, by jury trial in the Sedgwick District Court,
and from the sentence imposed. He raises five issues, contending
that his post-arrest statement to a detective should have been
suppressed because the State did not comply with K.S.A. 75-4351;
that the trial court erred in excluding from evidence the results
of a pregnancy test; that the court erred in limiting defendant's
cross-examination of the victim; that the evidence was not
sufficient to support the verdict; and that the trial court erred
in sentencing defendant under K.S.A. 21-4618. Since the
sufficiency of the evidence is challenged, we turn first to the
facts. Defendant went to trial on an information charging him with
aggravated burglary and rape. The jury convicted him only of the
latter offense. The victim, T.H., testified that she was living
with her two children, both toddlers. On June 11, 1984, the
victim was talking with her mother on the telephone while the
television news was on, between 10:00 and 10:30 p.m. The children
were asleep. It was a hot night, and she had left the front door
open and the screen door closed but unlatched. When she hung up
the telephone, she saw the defendant standing inside the front
door. She asked him what he wanted, and he replied that he had
some things he wanted to talk about. He moved toward her and
pinned her to the couch. She escaped, ran to the bedroom and went
for the phone. The defendant grabbed her around the waist and
pulled her back to the living room. He placed her on the floor,
pinned her arms above her head with one hand, and removed her
clothing with the other. As he started to remove his own clothes,
she got up and ran to the bedroom. Once again, he followed,
grabbed her, and pulled her back into the living room. He raped
her on the living room floor. Afterward, she went into the
bathroom, locked the door, and stayed there until the defendant
left. As soon as she heard the screen door shut, she came out of
the bathroom, dialed the 911 emergency number and reported the
rape. The police took her to St. Joseph's Hospital, where she was
examined. She told the police that she knew the man who attacked
her as Arthur Rodriquez or Armondo Zuniga.