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Scott v. State

December 30, 1998

RICO SCOTT A/K/A RICO ALLION SCOTT APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court:

DATE OF JUDGMENT: 01/22/1998

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: YAZOO COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: JAMES H. POWELL III

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 01/22/1998: RAPE: SENTENCED TO SERVE A TERM OF 10 YEARS

¶1. Rico Scott, a/k/a Rico Allion Scott, was convicted of forcible rape in the Circuit Court of Yazoo County and was sentenced to serve ten years in the custody of the Mississippi Department of Corrections. Aggrieved, Scott appeals to this Court asserting the judgment is against the overwhelming weight of the evidence, and the evidence is insufficient to support the jury verdict. Finding no merit in the issues raised, we affirm.

FACTS

¶2. According to the victim's testimony, P.P. arrived home alone around 11:00 p.m. on May 25, 1996, after having been to a club with her sister. P.P. opened her bedroom window about halfway, twisting the blinds slightly to allow a breeze into her bedroom. The window had no screen. Tired from working all day, she immediately fell asleep.

¶3. At approximately 3:00 a.m. on May 26, 1996, P.P. awakened to find Scott, wearing a T-shirt and dark pants, standing by her bed. She initially thought him to be her boyfriend, but quickly realized he was not. Startled, P.P. asked, "Who are you? What are you doing in my house?" Identifying himself as Jeff Moorehead and as Rico, Scott stated, "What I want will only take a few minutes. I don't want to hurt you." Planning to run out the front door, P.P. asked Scott to let her lock the front door in case her boyfriend should come home. Scott agreed, but held her tightly around the waist to prevent her running. Scott repeated, "I said I didn't want to hurt you."

¶4. Scott forced P.P. to bend over the couch, pulled down her pants, and inserted his penis into her vagina from the rear position. Scared of being hurt or worse, P.P. did not fight or scream for help. After raping P.P., Scott fled out the front door. Still dressed in her bedclothes, P.P. locked up the house and drove to her mother's house located less than five minutes away.

¶5. P.P.'s mother testified she was awakened by P.P., who was visibly distraught, crying and shaking. She immediately knew something bad had happened to her daughter. While traveling to the police station to report the incident, P.P.'s mother instructed P.P. to "go back through the alley and see if the guy is still there."

ΒΆ6. The two women spotted Scott sitting with three women on a porch at a house located behind P.P.'s house. P.P. drove around the block once again before stopping in front of the house. As Scott walked toward the car, P.P. told her mother he was the man who raped her. Through her opened window, P.P. told Scott, "Yeah, you were ...


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