Nature of the Case
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Facts
On September 8, 2002, while S.P., a 70-year-old woman who required constant use of an oxygen tank, was sleeping on her couch, D broke into her home and sexually assaulted her. D fled when something startled him. Eleven days later, S.P., after hearing suspicious noises at around 4:00 a.m., got up from her couch where she was watching television and took a few steps toward her kitchen. D stepped out of the kitchen, grabbed both of her arms near the wrists, and forcefully walked her backward a couple of steps to the couch. He pushed her down on the couch, raped her, and subsequently fled. At 4:00 a.m. on December 21, 2002, in the same mobile home community where S.P. lived, H.M.M. awoke to a loud noise. She walked into her dining room where she saw D. She turned and ran for the front door, but D caught her from behind and pulled her away from the door. She struggled to free herself. D pulled out a knife, held it to her back, and beat her until she let go of the door. D tied her hands and forced her into her bedroom. D put her on the bed where he raped her. Following the attack, She was able to convince D that she needed to go to the hospital, and he let her leave. DNA and fingerprints were recovered from the scene. H.M.M. picked him out of a live lineup as the person who raped her. D was indicted on charges of kidnapping with bodily injury, rape, aggravated assault, burglary, aggravated sodomy, possession of a knife during the commission of a felony, and sexual battery. D was convicted on all counts. D appealed. D contends that the evidence of asportation is insufficient to sustain his conviction of kidnapping S.P.
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