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Wilkes v. State

Court of Appeals of Indiana

April 29, 2014

JEREMIAH D. WILKES, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE HENDRICKS CIRCUIT COURT. The Honorable Jeffrey V. Boles, Judge. Cause No. 32C01-1107-FB-38.

ATTORNEY FOR APPELLANT: PAULA M. SAUER, Danville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; JODI KATHRYN STEIN, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. BAILEY, J., and BRADFORD, J., concur.

OPINION

Page 403

MAY, Judge

Jeremiah D. Wilkes appeals his two convictions of Class B felony sexual misconduct with a minor.[1] He alleges the court's admission of hearsay and vouching testimony denied him his right to a fair trial. We affirm.

FACTS AND PROCEDURAL HISTORY

In the summer of 2010, thirty-year-old Wilkes cared for five children while the mothers of those children went out for the evening. After the four younger children went to sleep, fourteen-year-old W.V. played a game on his mother's computer, while Wilkes sat nearby using his own

Page 404

laptop. Wilkes asked W.V. to show his penis to Wilkes. W.V. said he would consider Wilkes' request, and W.V. returned to playing his video game. Thirty minutes later, Wilkes asked W.V. if he had decided, and W.V. said, " I guess." (Tr. at 305.) Wilkes pulled down W.V.'s pants and placed his mouth on W.V.'s penis. Wilkes asked W.V. if he had ever had a " blow job," ( id. at 306), and proceeded to fellate W.V. Wilkes then sat on the couch and asked W.V. to put his mouth on Wilkes' penis. W.V. placed his mouth on Wilkes' penis, but " it tasted really bad." ( Id. at 308.) Wilkes had W.V. use his hand to bring Wilkes to orgasm.

A few months later, in a conversation about whether a friend was bisexual, W.V. told the friend that he had been either raped or sexually abused by a man. Then, nearly a year after the incident, W.V. told his mother and an investigation began.

The State charged Wilkes with two counts of Class B felony sexual misconduct with a minor, and a jury found Wilkes guilty. The court imposed two concurrent eight-year sentences, both to be served ...


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