FROM THE CLEVELAND COUNTY CIRCUIT COURT [NO. CR-2014-48-5]
HONORABLE DAVID W. TALLEY, JR., JUDGE
MOTION TO WITHDRAW GRANTED
Mark Klappenbach, for appellant.
Rutledge, Att'y Gen., by: Kathryn Henry, Ass't
Att'y Gen., for appellee.
RAYMOND R. ABRAMSON, Judge
Gene Holland appeals his convictions of second-degree sexual
assault and residential burglary. On appeal, Holland argues
that the circuit court erred in denying his directed-verdict
motions. We affirm.
October 17, 2014, the State charged Holland with the rape of
J.W. On August 21, 2015, the State added the charge of
residential burglary. The case proceeded to a jury trial on
October 20, 2015.
trial, J.W. testified that on September 10, 2014, she was
bathing in her home when her mother knocked on the front
door. She explained that she answered the door without
dressing, spoke with her mother for a minute, and then
returned to the bathtub.
noted that shortly thereafter, her nine-year-old son entered
the bathroom and told her that Holland, their neighbor, was
at the door. She testified that she planned to dress herself
and meet Holland at the door; however, while she was still in
the bathtub, Holland appeared in the bathroom. She testified
that he sat on the toilet and stated, "Let me see your
boobs." She noted that she had drawn the shower curtain,
which concealed her in the bathtub. She testified that
Holland then opened the shower curtain, penetrated her vagina
with his finger, and touched her breast. She noted that the
penetration lasted two or three minutes. She stated that she
told him to stop and that she tried to slap his hand, but he
persisted. She explained that he eventually stopped, told her
not to tell anyone about the incident, and left the house.
son, D.W., testified that he answered the door for Holland on
September 10, 2014. He stated that Holland asked for his
mother and he told Holland that she was in the bathtub. He
explained that he went to tell his mother and, when he
returned, Holland had entered the house. He noted that
Holland then told him to go play outside.
mother testified that she went to her daughter's house on
September 10, 2014, and that her daughter answered the door
without clothes. She stated that she talked to her daughter
for a minute and then left. She explained that, as she drove
away, Holland stopped and asked her, "Well, I don't
want to sound nasty, but was [J.W.] naked?" She
responded, "Well, she's trying to get a bath."
Bolland, with the Cleveland County Sheriff's Department,
testified that he interviewed Holland on September 10 and 11,
2014, and the State played audio recordings of the
interviews. In the September 10 interview, Holland admitted
that he touched J.W.'s breast but denied that he had
touched her vagina. He stated that he only touched the top of
her leg. In the September 11 interview, Holland admitted
touching J.W.'s breast and vaginal area. He denied
penetrating her vagina but stated, "[I]f I did, I was
unaware of it."
the State presented its case, Holland moved for directed
verdicts on both charges. As to the residential-burglary
charge, Holland argued that the State failed to prove that
(1) he unlawfully entered J.W.'s residence or unlawfully
remained there and (2) he entered the residence with the
purpose of committing an offense punishable by imprisonment.
As to the rape charge, Holland asserted that the State failed
to prove that he touched J.W. to receive sexual
gratification. The court denied both motions.
then testified on his own behalf and denied touching
J.W.'s breast or vagina. He explained that he confessed
to touching J.W. to Bolland in the September 10 and 11