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Sprayberry v. State

Evidence that officers questioned defendant for only two hours before he confessed contradicted his claim that he made the statement under duress and was worn out from hours of questioning.

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Following a jury trial, Franklin Sprayberry appeals his convictions of armed robbery, kidnapping, sexual battery, and two counts of making terroristic threats. Sprayberry contends that the trial court erred by: 1 allowing testimony of other acts committed by him which were not similar transactions; 2 allowing testimony regarding his post-arrest statements to the police; and 3 denying his motion for directed verdict on the two counts of making terroristic threats. For the reasons set forth below, we affirm Sprayberry’s convictions.

Viewing the evidence in the light most favorable to the verdict, it reveals that the victim, a new cab driver, picked up Sprayberry at a convenience store in Douglas County. Sprayberry put a gun to the back of the victim’s neck and told her not to take her hands off the wheel or he would kill her. Sprayberry climbed into the front seat and demanded the victim’s money. Sprayberry fondled the victim’s breasts and vagina while he held a gun to her side. Sprayberry told the victim that he was going to rape and kill her because he did not want to go to jail. The victim intentionally got her car stuck in the mud, and after Sprayberry was unable to free the car, he took the victim’s purse out of the car. Once out of the car, the victim ran to a house down the street where Clark Dubard allowed her to use the phone to call the police.

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