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Perkey v. State

Court of Appeals of Indiana

March 6, 2014

RICHARD A. PERKEY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE ELKHART SUPERIOR COURT. The Honorable Evan S. Roberts, Judge. Cause No. 20D01-1110-FB-18.

ATTORNEY FOR APPELLANT: ROSS G. THOMAS, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.

SHEPARD, Senior Judge. BAKER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

SHEPARD, Senior Judge.

Richard Perkey challenges the admission of certain witness testimony and the State's comments during closing argument at his trial for the offense of rape as a class B felony. We affirm.

FACTS AND PROCEDURAL HISTORY

J.G. and her boyfriend were friends with Derek Perkey (" Derek" ). Derek's father Richard Perkey owned a trailer but was not staying there on a regular basis, so Derek allowed J.G. and her boyfriend to stay there. Events occurred that caused Perkey to move back into the trailer and to tell J.G. and her boyfriend to move out.

One night prior to J.G. moving out, she was sleeping at the trailer by herself. Perkey let himself into the trailer, entered J.G.'s room, and got into her bed. After a struggle, Perkey forced her to engage in sexual intercourse. J.G. was able to get away from Perkey and ran to a neighboring trailer for help. The police were called, and they eventually took Perkey into custody.

The State charged Perkey with rape, and a jury ...


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