2013 Unpublished Opinion No. 664
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Dane H. Watkins, Jr., District Judge.
Judgment of conviction, affirmed; order denying Idaho Criminal Rule 35 motion, affirmed.
Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.
Thomas Zachary Alec Paulk appeals from the judgment of conviction entered upon the jury verdict finding him guilty of forcible sexual penetration by use of a foreign object, Idaho Code § 18-6608. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Paulk lived with his girlfriend, Ms. Orme, and her two-year-old daughter, L.B. On the evening at issue, Orme left the house to pick up dinner, leaving Paulk at home to watch L.B. Paulk allegedly became frustrated while changing L.B.'s diaper and placed his finger(s) in her vagina and pressed down with force, causing injury to L.B.'s vagina. Paulk called Orme and told her that L.B. was bleeding. Orme returned home and took L.B. to Mountain View Hospital Ready Care. During the initial examination, the intake nurse asked L.B., "[D]id you get an owie?" L.B. responded, "Zackie did it."
After being examined by a doctor, L.B. was sent to the hospital and surgery was performed to repair her injury. The doctor reported the incident to law enforcement, and police officers went to the home to interview Paulk. After telling police officers various stories of how the injury occurred, Paulk eventually admitted to placing his finger in L.B.'s vagina out of anger and pushing down, causing the injury.
Following a jury trial, Paulk was convicted of forcible penetration by a foreign object. The district court imposed a unified term of fifteen years with five years determinate. Paulk filed an Idaho Criminal Rule 35 motion requesting a reduction in his sentence, which the district court denied. Paulk timely appeals.