Bullitt v. CommonwealthAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree rape and imposing a twenty-year term of imprisonment, holding that the trial court did not err by denying Defendant's motion for a directed verdict and by denying his motion to suppress his statements to police.
Defendant's rape sentence was enhanced pursuant to the jury finding Defendant guilty of being a first-degree persistent felony offender (PFO 1), which was based on an out-of-state statutory rape conviction. Defendant filed a motion for a directed verdict on the PFO 1 charge asserting that the Commonwealth failed to prove Defendant committed a prior sex crime against a minor. The trial court denied the motion. The Supreme Court affirmed, holding (1) while it is better practice to introduce a minor victim's age into evidence as part of the PFO proof, "statutory rape" is commonly understood to be the offense of unlawful sexual intercourse with a minor, and therefore, the trial court did not err in denying Defendant's motion for a directed verdict on the PFO charge; and (2) the trial court did not err in denying Defendant's motion to suppress because Defendant's Fifth Amendment rights were not violated.