Kimberly v. State

OPINION

Leonard Cleon Kimberly stands convicted of the sexual assault of another man, one Leland Horrocks. Horrocks claims that he was sleeping on Kimberly’s couch in Kimberly’s mobile home and awoke at around 3:00 a.m. to find that his Levis were unbuttoned and that Kimberly was fellating him. Horrocks did not say anything at that time; instead, Horrocks rolled over and waited for Kimberly to leave the room. After Kimberly left the room, Horrocks went to his car and drove home.

There is no evidence in the record that Horrocks at the time objected to Kimberly’s advances. Horrocks himself…