Garrick P. Twiford, Jr. v. State of Indiana ( 2013 )

Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
Jan 17 2013, 9:24 am
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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
MARIELENA DUERRING GREGORY F. ZOELLER
South Bend, Indiana Attorney General of Indiana
JOSEPH Y. HO
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
GARRICK P. TWIFORD, JR., )
)
Appellant-Defendant, )
)
vs. ) No. 20A04-1205-CR-284
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE ELKHART SUPERIOR COURT
The Honorable George W. Biddlecome, Judge
Cause No. 20D03-1004-FA-21
January 17, 2013
MEMORANDUM DECISION - NOT FOR PUBLICATION
KIRSCH, Judge
Garrick P. Twiford, Jr. was convicted in Marion Superior Court of two counts of
child molesting, one count as a Class A felony,1 and one as a Class C felony. Twiford
appeals, contending the evidence is insufficient to support his Class A felony child
molesting conviction based upon the allegation that he penetrated the anus of the victim.
Appellant’s Br. at 2.
In reviewing a claim of insufficient evidence, we will affirm the conviction unless,
considering only the evidence and the reasonable inferences favorable to the judgment,
and neither reweighing the evidence nor judging witness credibility, we conclude no
reasonable fact finder could find the elements of the crime beyond a reasonable doubt.
Tyson v. State, 766 N.E.2d 715, 717-18 (Ind. 2002).
Count One of the State's charging information alleges that between June 1 and
September 30, 2009, Twiford “did knowingly perform or submit to deviate sexual
conduct or sexual intercourse with B.B., a child under fourteen (14) years of age.”
Appellant's App. at 85.
In order to obtain a conviction for Class A felony child molesting under Indiana
Code section 35-42-4-3(a)(1), the State must prove beyond a reasonable doubt that the
defendant (1) performed an act (2) of sexual intercourse or deviate sexual conduct (3)
with a child under the age of fourteen (4) and is at least twenty-one (21) years of age.
Deviate sexual conduct is defined as (1) the use of a sex organ of one person and the
mouth or the anus of another person or (2) the penetration of the sex organ or anus of a
person by an object. Ind. Code. § 35-31.5-2-94; Krebs v. State, 816 N.E.2d 469, 472
(Ind. Ct. App. 2004).
1
See Ind. Code. § 35-42-4-3(a)(1).
Twiford does not contest that the evidence was sufficient to establish that he was
over the age of twenty-one (21) years or that B.B. was under the age of fourteen. Rather,
he claims the evidence is insufficient because B.B.’s testimony concerning anal
penetration was equivocal.
B.B. testified that on more than five occasions Twiford “tried to put his private
part in mine. And it hurt.” Tr. at 104. She testified that Twiford took his and her clothes
off and “tried to have S-E-X with me, when I tried to get away.” Id. at 106. She testified
that on approximately ten occasions, Twiford touched her with his hand “on her private
part.” Id. at 108. She testified that Twiford made her “suck on his private part . . . his
weenie.” Id. at 116. When asked if Twiford “ever put anything including his finger into
any part of [her] body,” B.B. testified that Twiford put “white, clear stuff . . . into her
bottom.” Id. at 139.
Viewed consistently with our standard of review, the foregoing evidence is
sufficient for the jury to conclude that Twiford committed the crime of child molesting as
a Class A felony.
Affirmed.
MATHIAS, J., and CRONE, J., concur.