Gartrell v. State

Marvin Gartrell was found guilty of kidnapping with bodily injury, aggravated child molestation, rape, aggravated sodomy, aggravated assault, and possession of a knife during the commission of a crime. He appeals from the judgment of conviction entered on the jury’s verdict, challenging the sufficiency of the evidence to support the verdict and contending that the trial court erred in allowing hearsay evidence. Neither contention has merit, so we affirm his convictions. 1. On appeal the evidence must be viewed in the light most favorable to support the verdict, and an appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1

So viewed, the evidence shows that 13-year-old K. C. had just finished babysitting at a friend’s apartment when the children’s parents came home. K. C. was socializing with the parents when someone knocked on the door. The children’s father opened the door and let Gartrell inside. The father called Gartrell by his first name and introduced him to the victim. Gartrell, who appeared to be under the influence of alcohol, began harassing K. C. and asking her questions about her sexual experience and whether she would be interested in sleeping with anyone. K. C. struck him on the head with a beer bottle, and the children’s father made Gartrell leave the apartment.