Sanchez v. State

On February 14, 1975, at about 5:50 a.m., appellant-Joe Blaz Sanchez, a stranger to Jill Heath, knocked on her door in Cheyenne, Wyoming. She answered and appellant asked to speak to her husband or boyfriend, but she said they werent there. Sanchez then asked to use the phone, but Mrs. Heath refused and tried to shut the door, whereupon appellant pushed the door open and entered. Mrs. Heath ran to the phone and began dialing, but Sanchez grabbed the phone and said "Dont do that." Mrs. Heath tried to use the phone several more times, but appellant took the phone away from her saying, "I have got a gun, but I dont want to hurt you." Sanchez then grabbed Mrs. Heath and threw her on the couch, touched her on the outside of her robe and said, "Lets see what you are all about" and, "I am going to ball you." Appellant stood up and placed his hands on the front of his pants, whereupon Mrs. Heath got up to turn on the lights. Appellant grabbed her again and threw her on the couch. Mrs. Heaths baby started crying, at which time she moved to the babys bedroom and then ran out of the house to her neighbors. She identified Sanchez as the man who entered her home, observing that he wore a white T-shirt and Levis. Mrs. Heaths neighbors and the investigating - Page 272 police officers testified that she was very frightened, nervous, crying and upset, and that she said a man had tried to rape her. Appellant admitted being at Mrs. Heaths apartment, but denied touching her and said he did not have or own a gun.