Simms v. Commonwealth

OPINION

LAMBERT, D., JUDGE:

James Simms appeals from a Carter Circuit Court judgment imposing a sentence of two years and six months after a jury found him guilty of sexual abuse in the first degree as a lesser-included offense of rape. His sole argument on ¿ppeal is that the trial court erred in not suppressing statements made to ■ the police without a Miranda warning.

I. BACKGROUND

S.R., a twelve-year-old girl, told a school friend that she had a sexual encounter with Simms, her adult cousin, while he was babysitting her. The friend told a teacher who contacted Social Services. Kentucky State…