The opinion of the court was delivered by: King, J.
DATE OF JUDGMENT: 06/14/93
TRIAL JUDGE: HON. BILL JONES
COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT II SEXUAL BATTERY: SENTENCED TO 30 YRS IN THE MDOC WITH 5 YRS SUSPENDED & 5 YRS PROBATION UPON RELEASE DATE OF SENTENCE; DEFENDANT PAY ALL COURT COSTS
DISPOSITION: AFFIRMED - 2/23/99
MOTION FOR REHEARING FILED:
¶1. Stacey Lynn Waltman was convicted of sexual battery for which he was sentenced to serve a term of thirty years with five years suspended in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction and sentence, Waltman has appealed and assigned three errors:
I. DID THE TRIAL COURT ERR BY NOT ALLOWING MR. WALTMAN TO PROPERLY CROSS-EXAMINE THE VICTIM IN THIS CASE?
II. DID THE TRIAL COURT ERR BY NOT GRANTING DEFENSE INSTRUCTION D- 7, WHICH WOULD HAVE ALLOWED THE JURY TO BELIEVE THAT THE VICTIM MAY HAVE CONSENTED TO HAVE SEXUAL RELATIONS WITH MR. WALTMAN?
III. WAS THE VERDICT OF SEXUAL BATTERY IN THE TRIAL COURT AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE PRESENTED AT TRIAL?
¶2. Finding no error, this Court affirms the circuit court judgment.
¶3. Ms. Smith *fn1 shared a house with her mother, sister, and her sister's husband, Stacey Waltman. On June 8, 1991, at approximately 8:00 p.m., Waltman and Ms. Smith's sister argued. Ms. Smith witnessed the argument and tried to call for police assistance, but Waltman pulled the phone cord from a wall in the house. The police traced the call and called back to ascertain directions to Ms. Smith's house. Upon the arrival of the police, the dispute was settled.
¶4. At approximately 4:00 a.m. the next morning, Ms. Smith awoke to an unusual sound in her kitchen. She got out of bed and walked into the kitchen to find Waltman standing near the refrigerator. Waltman approached her and pressed a screwdriver against her breast. He forced her into her bedroom and onto the bed. The two stuggled, but Waltman was successful in removing Ms. Smith's underwear. He then forced her into her mother's room where he coerced her to engage in ...