P. v. Kaplon
On appeal from numerous convictions arising out of his kidnapping and sexual assault of a three-year-old girl, defendant Kody Lee Kaplon contends the trial court erred by: (1) denying his motion for change of venue, (2) destroying jury questionnaires, and (3) failing to instruct on the corpus delicti rule with respect to the sex crimes with which he was charged. We conclude that defendant failed to preserve the denial of his change of venue motion for appellate review by failing to renew that motion or otherwise object to the composition of the jury following a voir dire in which he did not exhaust his peremptory challenges. Because the venue issue is not properly before us, any error in the destruction of the jury questionnaires was necessarily harmless. Harmless, too, was the trial court’s failure to instruct on the corpus delicti rule as to the sex crimes, because the victim’s statements provided the requisite quantum of evidence needed to satisfy that rule. We affirm.
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