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Mitchell v. State

Evidence that the defendant gave the victim drugs before some of their sexual encounters was admissible as part of the res gestae.

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Following a jury trial, Anthony Mitchell appeals his conviction for rape, contending that the trial court erred i in denying his motion for new trial that asserted ineffective assistance of counsel and ii in denying his motion for a mistrial that followed the admission of impermissible character evidence. Discerning no error, we affirm. Construed in favor of the verdict, Short v. State ,1 the evidence shows that two months after a 13-year-old female moved in with her aunt and Mitchell, Mitchell entered the teenager’s bedroom one night in March 2002 when the aunt was not at home and forced her to engage in vaginal intercourse with him. Over the next several months, Mitchell repeatedly forced intercourse on the teenager. The teenager moved out of the residence in mid-June and into her grandmother’s residence, which was a few doors down the same road. She frequently returned to her aunt’s house until the last week of July, when she moved back in with her aunt. She finally moved out of the area and in with another family in late August.

In November, she told her new guardian of the sexual encounters; the guardian immediately reported the matter to the authorities and took the teenager to a hospital for an exam, which revealed that she had contracted a sexually transmitted disease “STD”. The teenager repeated the rape allegations to the nurse and to an investigating police officer, claiming that the last incident was in August. She reiterated the allegations to an interviewer in a videotaped interview.

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