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RANDY SPRINKLES

RENDERED : NOVEMBER 25, 2009 -- NOTTO BE PUBLISHED ,-

2008-SC-000301-MR

V.

ON APPEAL FROM KNOX CIRCUIT COURT HONORABLE GREGORY ALLEN LAY, JUDGE NO. 07-CR-00047

COMMONWEALTH OF KENTUCKY

APPELLEE

MEMORANDUM OPINION OF THE COURT AFFIRMING IN PART AND VACATING AND REMANDING IN PART Appellant Randy Sprinkles appeals as a matter of right from a judgment of the Knox Circuit Court convicting him of one count of first-degree rape where the victim is less than 12 years old and one count of first-degree rape where the victim is physically helpless . We affirm Appellant's conviction and sentence, but vacate the imposition of five years conditional discharge, and remand for imposition of three years conditional discharge. I . BACKGROUND Appellant was indicted for raping or otherwise sexually assaulting his stepdaughter, HS, and four of her friends: SB, WM, WL, and BH. Appellant ultimately pleaded guilty to first-degree rape of SB and second-degree sexual abuse of WM. While the charges relating to Appellant's stepdaughter (HS) were

severed, Appellant was tried jointly for the charges relating to WI, and BH . It. is the WL and BH charges that are the subject of this appeal . However, all five girls testified at Appellant's trial. SB, whom Appellant pleaded guilty to raping, testified first . She testified that she was friends with Appellant's stepdaughter (HS), and lived next door.l One night in May 2003, 2 when SB was sleeping over at Appellant's house, Appellant gave her a pill, which he said was to help her sleep . SB went to sleep in HS's bed. When she awoke, Appellant was standing naked over her, having intercourse with her. She tried to resist, but lost consciousness. SB testified that she was no longer in the bed she had lain down in. She awoke the next morning back in HS's room. Her clothes were halfway off and she was bleeding. SB testified that she never slept over at Appellant's house again. WM, whom Appellant pleaded guilty to sexually abusing, testified next at trial. WM testified that, while sleeping over at Appellant's house, he gave her and HS a pill, which he said was a vitamin . The pill made her feel "high," sick, and sleepy, and she vomited before falling asleep . WM lay down in HS's bed. She awoke in the morning to find Appellant standing over her, fondling her. WM went home, and never stayed the night at Appellant's house again. BH, one of the victims in this case, testified that she spent the night with HS at Appellant's house once when she was 12 years old . She testified that 1 HS and Appellant lived together. 2 All victims were between approximately 10 and 13 years of age at the time the various incidents occurred. At the time of trial, the victims were each 16 or 17 years old.

Appellant gave her and HS a pill, which he said was a vitamin . The pill made her drowsy, and she fell asleep much earlier than she usually did . She testified that she could not hold her eyes open . BH lay down in HS's bed . She awoke to Appellant standing over her, with her shirt half unbuttoned. BH then fell asleep, and woke up again to find Appellant on top of her, raping her. BH testified that in the morning, she had blood in her underwear, as well as what she now recognized as "sperm." She testified that she was also physically sore. BH never spent the night at. Appellant's house again. WL, the second victim in this case, testified that she was friends with HS and spent the night at Appellant's house when she was 10 years old . Appellant gave WL and HS what he called a vitamin. WL said that she did not want to take it, and Appellant told her that she had to take it if she wanted to stay with HS. WL testified that the "vitamin" made her sleepy, and that she fell asleep watching TV. WL woke up to Appellant touching her feet and legs, but she "couldn't really wake up." She witnessed Appellant taking HS out of the room before falling asleep again. WL woke up a second time to Appellant rubbing his hands up her shorts and shirt. She testified that Appellant took her shorts off, got on top of her, and raped her. Appellant then put her shorts back on. WL stated that she had blood between her legs the next morning (approximately a year before her first period), and that she was physically sore. WL testified that she

never spent the night at Appellant's house again . HS, Appellant's stepdaughter, also testified at trial, corroborating and expanding on the statements of the other four girls. She testified that she took a "vitamin" at the same time as WL, and that it made her drowsy. That night, she woke up in Appellant's bed. The next morning, WL wanted to go home . HS also testified that BH stayed over, took a vitamin, and wanted to go home in the morning. She testified that SB stayed at her house regularly, and that both girls took a pill the last time she spent the night. HS testified that Appellant encouraged her to have her friends spend the night, and that none of her friends spent the night again after Appellant gave them a pill . Detective Mark Mefford of the Kentucky State Police testified that he investigated charges against Appellant . He noted that interviews with one person would lead him to others, and that all victims mentioned being given some sort of pill. Detective Mefford also testified that Appellant told police he took sleep medication . Appellant testified in his own defense . He admitted to having intercourse with SB and fondling WM . He also admitted that he had entered guilty pleas to charges related to both girls . However, Appellant denied ever giving pills of any sort to any of the girls, and he denied raping BH and WL. The jury found Appellant guilty of first-degree rape of both BH and WL. For the rape of WL, a person under 12 years old (a Class A felony), the jury recommended, and the circuit court imposed, a sentence of life imprisonment .

For the rape ol'131-1 while she was physically helpless (a Class B felony), the jury recommended, and the circuit court imposed, a. sentence of 10 years imprisonment . The court ordered that the sentences run concurrently, and also imposed a five-year period of conditional discharge upon release from incarceration or parole. Sprinkles now appeals these convictions as a matter of right. Ky. Const.

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