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Deyarmett v. State

Court of Appeals of Mississippi

November 19, 2013

ROBERT W. DEYARMETT A/K/A ROBERT WAYNE DEYARMETT A/K/A ROBERT DEYARMETT A/K/A ROBERT DEYMARETT, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/20/2012.

HANCOCK COUNTY CIRCUIT COURT, HON. LISA P. DODSON, TRIAL JUDGE.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: MOLLIE MARIE MCMILLIN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

BEFORE LEE, C.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR.

OPINION

Page 711

FAIR, J.:

¶1. Robert DeYarmett was charged with two counts of touching a child for lustful purposes. The victim was a five-year-old female, " Sandy," [1] the granddaughter of DeYarmett's longtime girlfriend. In addition to the victim's statements, DeYarmett's semen was found on the crotch of the girl's pajamas. DeYarmett was convicted on both counts, and he appeals, arguing that the evidence does not support guilty verdicts. We affirm.

FACTS

¶2. Sandy's grandmother and DeYarmett had been in a relationship for approximately sixteen years. They lived together in the grandmother's mobile home. DeYarmett had an established, friendly relationship with Sandy; the day of the incident,

Page 712

DeYarmett and the grandmother had attended Sandy and her older sister's tee-ball games. The children then went to spend the night at the grandmother's home.

¶3. The grandmother testified that Sandy and her sister slept between her and DeYarmett, with Sandy and DeYarmett sleeping next to each other. The grandmother woke up several times to find DeYarmett and Sandy still awake and watching television, but otherwise the grandmother saw nothing out of the ordinary. The final time she awoke, around 1:30 a.m., the grandmother found everyone asleep. The grandmother took Sandy and her sister home early the next morning. Sandy's mother testified that Sandy went back to sleep after they got home, but when Sandy awoke she went into her mother's bedroom and " wanted to snuggle." Sandy " loved on" her mother, then buried her head and said, " Do you know what [DeYarmett] did to me? . . . He licked my pee-pee." Sandy's mother testified that " pee-pee" was how Sandy referred to her genitals.

¶4. Later that day, Sandy was taken to the Hancock Medical Center, where she told a nurse DeYarmett had " licked her pee-pee and her butt" and that he " stuck . . . his tail in her pee-pee." The exam found no evidence of penetration, but semen was later discovered on the crotch of ...


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