Howell v. State

Following a jury trial, Jason Howell was convicted of statutory rape,1 possession of a controlled substance,2 and possession of drugs not in original container.3 After a hearing, the trial court denied Howell’s motion for new trial. Howell appeals, contending that the evidence was insufficient to support the verdict and that the trial court erred in denying his motion to sever offenses. For the reasons that follow, we affirm.

Properly viewed,4 the evidence shows that on June 9, 2011, the fourteen-year-old victim, S. R., was staying with a family friend, Kimberly Mills, while her mother was out of town. Mills and S. R. were drinking beer and watching a movie when Howell and a friend came over to the house. Howell was twenty-one years old at the time. After introducing Howell to S. R., Mills spoke privately to Howell and then went to her bedroom and fell asleep. Howell’s friend eventually left, leaving Howell and S. R. alone.