137 So. 3d 889
Miss. Ct. App.2013Background
- Defendant Paul Hernandez (b. 1967) lived with his wife and her family; the alleged victim S.H. was Jennifer’s half-sister and was born July 1, 1992.
- Beginning after the family moved to Mississippi (2007), S.H. alleged a sexual relationship with Hernandez that began when she was 14 and continued intermittently through her 16th year.
- S.H. reported the relationship in August 2010, provided investigators with nearly 300 sexual photographs on compact discs, and said intercourse began when she was 14.
- A grand jury indicted Hernandez in March 2011 on multiple counts including statutory rape; Hernandez moved to dismiss statutory-rape counts as barred by the two-year statute of limitations; the motion was denied.
- A jury convicted Hernandez of two counts of statutory rape in September 2012; he was sentenced to twenty years per count (twenty suspended) and five years probation; post-trial motions (JNOV or new trial) were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory-rape charges were barred by the two-year statute of limitations | State: statutory rape falls within the "rape" exception to the general two-year limitations period | Hernandez: statutory rape is not expressly exempt, so prosecution was time-barred because alleged acts occurred more than two years before indictment/arrest | Court: statutory rape is within the rape exception; statute of limitations did not bar prosecution |
| Sufficiency and weight of evidence for statutory-rape convictions (JNOV/new trial) | State: S.H.’s testimony plus CDs/photographs and investigator corroboration suffice to prove elements beyond a reasonable doubt; credibility for jury | Hernandez: S.H. gave inconsistent testimony; photos undated and may postdate victim’s 16th birthday; convictions unsupported and against weight of evidence | Court: Evidence sufficient and not overwhelmingly contrary to verdict; JNOV and new-trial motions properly denied |
Key Cases Cited
- Dawkins v. State, 919 So.2d 92 (Miss. Ct. App. 2005) (statutory rape falls within "rape" exception to general statute of limitations)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standards for JNOV and reviewing sufficiency of evidence)
- Parramore v. State, 5 So.3d 1074 (Miss. 2009) (victim’s uncorroborated testimony can support rape conviction when not discredited)
- Spencer v. State, 880 So.2d 1044 (Miss. 2004) (de novo review of motions to dismiss)
- Edwards v. State, 469 So.2d 68 (Miss. 1985) (benchmarks for sufficiency review)
- Herring v. State, 691 So.2d 948 (Miss. 1997) (standard for granting a new trial when verdict is against overwhelming weight of evidence)