State v. Cruz

Summary

The North Carolina Court of Appeals affirmed Rogelio Rojas Cruz’s convictions for statutory sexual offense with a child by an adult and indecent liberties with a child. The court held that the State presented sufficient evidence of penetration to withstand Cruz’s motion to dismiss, including the child’s statements, corroborating testimony, medical findings, and DNA evidence.

Holdings

1. The State presented substantial evidence of penetration and of Defendant's identity as the perpetrator. The victim's testimony that Defendant inserted his fingers into her vagina, corroborating testimony, evidence of genital injury, and DNA evidence were sufficient for jury consideration; therefore, the trial court properly denied Defendant's motion to dismiss.

Questions Presented

1. Whether the State presented substantial evidence of penetration, an essential element of statutory sex offense with a child by an adult under N.C. Gen. Stat. §§ 14-27.28(a) and 14-27.20(4), sufficient to withstand Defendant's motion to dismiss.

Disposition

other