**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **GARRET TAYLOR MANKIN,**
Appellant,
Case No. F-2018-595 **v.** **STATE OF OKLAHOMA,**
Appellee. --- **FILED IN COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA, JUL 11 2019**
John D. Hadden, Clerk --- ### SUMMARY OPINION **HUDSON, JUDGE:** **Background:**
Garret Taylor Mankin was tried and convicted in a nonjury trial in Pontotoc County District Court (Case No. CF-2015-347) for two counts of Lewd Acts with a Child Under Twelve (Counts 1 and 3), violating 21 O.S.Supp.2013, § 1123(A)(2). He was sentenced to twenty-five years imprisonment for each count, with the last five years of both sentences suspended. Originally charged with eleven counts, the trial court dismissed the majority by agreement of the parties. Mankin must serve eighty-five percent of his sentence before being eligible for parole. **Propositions of Error:**
Mankin raises two propositions of error concerning the trial court's admission of hearsay statements from the alleged victims, P.M. and F.Y. 1. **Admittance of P.M.'s Hearsay Statements:**
Mankin argues that the hearsay statements made by P.M. were not inherently trustworthy. The court found that the statements were admissible under 12 O.S.Supp.2013, § 2803.1, which allows for the admission of hearsay statements made by children under twelve regarding sexual contact against them if deemed reliable. Upon review:
- P.M. disclosed the inappropriate touching to both her mother and a forensic interviewer, with consistent elements in her accounts.
- Merely due to the nature of her disclosure or the method of questioning, the statements remained trustworthy.
- The court determined that there was no abuse of discretion in this ruling. 2. **Admittance of F.Y.'s Hearsay Statements:**
Mankin contends that F.Y.’s statements were not spontaneous or consistent, arguing similar points regarding terminologies used and that they lacked reliability. Upon review:
- F.Y. made statements on the same day she was seen being inappropriately touched.
- The mother’s questioning was open-ended and not leading.
- F.Y.'s use of child-appropriate language (referring to the genitalia as a fat leg) supported the statement’s reliability.
- The trial court's decision to admit the statements was upheld due to sufficient indicia of reliability. **Outcome:**
After thorough consideration of the entire record and the propositions raised, the Court found no error that warranted relief. The judgments and sentences imposed by the District Court were affirmed. **Concurrences:**
- Lewis, P.J.
- Kuehn, V.P.J.
- Lumpkin, J.
- Rowland, J. **Opinion Filed:** Hudson, J. **Note**: For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-595_1735312387.pdf).
