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Bell v. State

Court of Appeals of Indiana

March 25, 2015

Larry Bell, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 138

Appeal from the Marion Superior Court. The Honorable Kurt Eisgruber, Judge. Cause No. 49G01-1203-FB-20291.

FOR APPELLANT: Ellen M. O'Connor, Marion County Public Defender Agency, Indianapolis, Indiana.

FOR APPELLEE: Gregory F. Zoeller, Attorney General; Christina D. Pace, Deputy Attorney General, Indianapolis, Indiana.

Mathias, Judge. Najam, J., and Bradford, J. concur.

OPINION

Page 139

Mathias, Judge.

[¶ 1] Larry Bell (" Bell" ) was convicted in Marion Superior Court of Class B felony rape and subsequently admitted to being an habitual offender. The trial court sentenced Bell to an aggregate term of twenty-five years of incarceration. Bell appeals and presents one issue, which we restate as whether the trial court committed reversible error in admitting into evidence a statement made by Bell to a police officer.

[¶ 2] We affirm.

Facts and Procedural History

[¶ 3] On February 24, 2012, twenty-five-year-old Bell and his stepbrother, sixteen-year-old Cody Semenick (" Semenick" ), threw a party at a Marion County hotel room they had rented. Bell provided alcohol and marijuana for the party, and Semenick attempted to convince his female friends to attend. The only girl to respond was Semenick's seventeen-year-old friend, C.M. As the night progressed, Bell, Semenick, and C.M. drank vodka and lemonade and also smoked marijuana. C.M. eventually became so intoxicated that she began to feel sick and started to fall asleep. She awoke vomiting on her sweatshirt and the bed. Bell helped C.M. to the sink, where she vomited again. Bell cleaned the vomit off C.M. with a washcloth and told her that she was " really, really f**ked up." Tr. p. 123. C.M. had a blank look on her face and was having trouble moving her legs, and Bell helped her back to the bed, where she lost consciousness.

[¶ 4] C.M. regained consciousness, feeling numb and nauseous, and began to vomit again, as Bell wiped the vomit from her face. Bell sat behind C.M. and attempted to pull her pants down, but C.M. pulled them back up. Semenick left the room to call his girlfriend because the smell of the vomit made him ill. As he walked out of the room, C.M. was lying on her back with her eyes only half opened and appeared to be " nodding off." Tr. p. 274. After five or ten minutes in the hallway, Semenick attempted to reenter the hotel room, but the door was locked. He knocked on the door, but no one answered.

[¶ 5] Inside the locked hotel room, C.M. awoke again to find Bell on top of her with his penis inserted into her vagina as she drifted in and out of consciousness. Bell

Page 140

was naked, and C.M.'s pants and underwear had been removed. She felt around the bed for her clothes but could not find them, then once again lost consciousness. When C.M. regained consciousness again, she was lying on her stomach while Bell had sexual intercourse with her. C.M. told Bell that she was going to be sick again and needed to get up. Bell told her that she was fine, but C.M. told him again that she needed to ...


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