Winkfield v. State

DNA evidence showed that the semen and sperm on the 74-year-old rape victim's bedding could only have come from the defendant or his identical twin brother.

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A Franklin County jury convicted Ricky Winkfield of rape, kidnapping with bodily injury, and burglary. Winkfield appeals from the denial of his motion for new trial, challenging the sufficiency of the evidence. Finding no error, we affirm. On appeal, the evidence must be viewed in a light most favorable to the verdict. Massalene v. State , 224 Ga. App. 321, 323 3 480 SE2d 616 1997. So viewed, the evidence shows that at the time of the crimes alleged in the indictment, R. K. B., a 74-year-old Alzheimer’s victim, lived in an apartment with her 83-year-old brother. In the late afternoon of May 16, 1999, R. K. B.’s brother left the apartment with his niece, L. M., to run an errand. When they returned to the apartment, they observed an African-American male, whom they did not know, run out of the apartment and drive away in a white car with a Hart County license plate. R. K. B.’s brother and L. M. entered the residence and heard R. K. B. cry out in pain. L. M. then went into her uncle’s bedroom where she found R. K. B. lying on the bed with her pants off. Blood was visible on the bedspread and the floor. It was obvious to L. M. that her aunt had been raped.

R. K. B. told L. M. that she had been sitting on the porch when the perpetrator entered the residence and called out to her saying, “Lady, I’ve got something to show you, it’s real pretty and I ain’t seen nothing like it and I want you to come in here and look to see what I have brought you, it’s something real pretty.” R. K. B. told her niece that “when she got there he got her and dragged her in the bedroom and pulled her pants off and he hurt her here and here and her neck.” L. M. told her uncle that R. K. B. had been raped and immediately called the police. Police arrived at the scene and in the course of their investigation seized the blood-stained bedding.

Winkfield v. State

DNA evidence showed that the semen and sperm on the 74-year-old rape victim's bedding could only have come from the defendant or his identical twin brother.

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