State of Tennessee v. Yelsin A. Cruz, M2016-01099-CCA-R3-CD

Background

Defendant Yelsin A. Cruz, a Honduran national and Spanish speaker, lived with victim (age 8) and her mother; charged with one count of rape of a child after victim presented to hospital with vaginal bleeding and traumatic laceration.
Medical exam (sedated) revealed a traumatic perineal/vaginal laceration and torn hymen; doctors testified injuries required forceful penetration and were inconsistent with a fall.
Police interviewed the defendant at the sheriff’s department, gave Miranda warnings, obtained a written waiver, recorded the interview, and elicited a statement in which defendant admitted that the victim jumped on him and his penis penetrated her; semen found on a towel from the residence matched the defendant’s DNA.
Defendant claimed limited English proficiency, alleged he was intimidated into confessing, and testified his statement was coerced/misunderstood; he also claimed his semen on the towel came from consensual sex with the mother.
Trial jury convicted; trial court sentenced defendant to 27 years (within-range), applying some enhancement factors; defendant appealed suppression denial, sufficiency of evidence, and sentence.

Issues

Issue	State's Argument	Cruz's Argument	Held
Whether the trial court erred in denying motion to suppress statement (knowing & voluntary Miranda waiver)	Waiver was knowing and voluntary; defendant communicated in English during ~44-minute recorded interview and signed waiver; totality shows comprehension	Limited English proficiency meant defendant could not knowingly waive Miranda; statement was coerced/intimidated	Affirmed: trial court’s factual findings supported waiver and voluntariness under totality of circumstances; limited English not dispositive (court relied on recording and credibility findings)
Whether evidence was sufficient to support rape-of-a-child conviction	Medical injuries (traumatic laceration, torn hymen, bruising), victim’s consistent testimony, defendant’s recorded admission, and DNA on towel support conviction	Insufficient physical evidence tying defendant to assault; statement unreliable; other explanations for injuries	Affirmed: viewing evidence in light most favorable to State, rational jury could find penetration beyond reasonable doubt; credibility and weight for jury
Whether 27-year sentence was excessive/misapplied enhancement factors	Sentence within statutory range; trial court considered enhancement and mitigation, applied limited weight to certain factors and increased sentence modestly	Trial court improperly applied enhancement factor that injuries were particularly great (factor 6) making sentence excessive	Affirmed: within-range sentence; even if some factor application arguable, no wholesale departure from Sentencing Act; presumption of reasonableness applies

Key Cases Cited

Bram v. United States, 168 U.S. 532 (U.S. 1897) (confession must be free and voluntary; not induced by threats or promises)
Rogers v. Richmond, 365 U.S. 534 (U.S. 1961) (totality-of-circumstances test for coerced confessions)
Van Tran v. State, 864 S.W.2d 465 (Tenn. 1993) (limited English proficiency does not automatically invalidate a Miranda waiver; examine recording/totality)
Thacker v. State, 164 S.W.3d 208 (Tenn. 2005) (Tenn. Const. requires personal awareness of rights and consequences for valid waiver)
State v. Binette, 33 S.W.3d 215 (Tenn. 2000) (trial court factual findings on suppression are conclusive unless evidence preponderates otherwise)
State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (presumption of reasonableness for within-range sentences that follow Sentencing Act)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of the evidence)
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (apply strongest legitimate view of evidence; appellate court must not reweigh credibility)