STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
15-920
STATE OF LOUISIANA
VERSUS
FREDDIE NAVARRE
**********
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 146230 HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE
ULYSSES GENE THIBODEAUX CHIEF JUDGE
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, and John E. Conery, Judges.
AFFIRMED.
Keith A. Stutes Lafayette Parish District Attorney Michele S. Billeaud Lafayette Parish Assistant District Attorney P. O. Box 3306 Lafayette, LA 70502-3306 Telephone: (337) 232-5170 COUNSEL FOR: Plaintiff/Appellee - State of Louisiana
Carey J. Ellis, III Louisiana Appellate Project P. O. Box 719 Rayville, LA 71269 Telephone: (318) 728-2043 COUNSEL FOR: Defendant/Appellant - Freddie Navarre Freddie Navarre St. Martin Sheriff’s Office P. O. Box 188 St. Martinville, LA 70582 Defendant/Appellaant THIBODEAUX, Chief Judge.
Defendant Freddie Navarre appeals his conviction by a jury of
aggravated rape of a juvenile under the age of thirteen. He alleges that the
evidence was insufficient to sustain the verdict of aggravated rape.
For the following reasons, we affirm.
ISSUE
We shall consider whether the evidence was insufficient to prove
aggravated rape beyond a reasonable doubt.
LAW AND DISCUSSION
Defendant’s sole assignment of error is that the State failed to prove
all the elements of aggravated rape. He argues the only evidence of the rape was
the victim’s testimony, which contained inconsistencies and irreconcilable
conflicts with physical evidence; therefore, the evidence was not sufficient to
sustain the verdict of aggravated rape.
When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See Graffagnino, 436 So.2d at 563, citing State v. Richardson, 425 So.2d 1228 (La.1983). To obtain a conviction, the elements of the crime must be proven beyond a reasonable doubt. State v. Freeman, 01-997, pp. 2-3 (La.App. 3 Cir. 12/12/01), 801 So.2d 578, 580.
Rape is defined as “the act of anal, oral, or vaginal sexual intercourse
with a male or female person committed without the person’s lawful consent.”
La.R.S. 14:41(A). Louisiana Revised Statutes 14:42(A)(4), 1 in pertinent part,
states:
Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it was committed under any one or more of the following circumstances:
....
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim’s age shall not be a defense.
Furthermore, it is well-settled jurisprudence that the testimony of a
single witness is sufficient to support a conviction, absent internal contradictions or
irreconcilable conflicts with physical evidence, even where the State does not
introduce medical, scientific, or physical evidence. State v. Williams, 14-882
(La.App. 5 Cir. 5/14/15), 170 So.3d 1129. The credibility of the witness is a
matter of weight, and not sufficiency, of the evidence, and the determination of
credibility is left to the trier-of-fact’s sound discretion and will not be re-weighed
on appeal. State v. Dixon, 04-1019 (La.App. 5 Cir. 3/15/05), 900 So.2d 929; State
v. Hawkins, 99-217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768.
1 All references to La.R.S. 14:42 are to the statute as it appeared in 2014, prior to its amendment by Acts 2015, Nos. 184 & 256.
2 The victim, C.M.,2 who was sixteen at the time of trial, testified that
between the sixth and eighth grades he attended St. Genevieve School. He lived
with his father but visited his mother every other weekend. C.M. met Defendant
through his mother, and initially it was a good relationship. Defendant would give
him money and drive him to and pick him up from Skate Zone. However, one
afternoon, C.M. and his mother visited Defendant in his trailer. C.M. became
“excited” after watching pornography on Defendant’s computer. He stated that
Defendant noticed, took him into the back bedroom of the trailer, and performed
oral sex on him. This was when C.M. was around ten years old. When C.M.
complained, Defendant told him it was okay but not to tell anyone.
C.M. stated there were several more incidents of oral sexual contact
between him and Defendant. Another act occurred when another man was in the
trailer. C.M. said that Defendant attempted to anally penetrate him but it hurt too
much, and C.M. made Defendant stop. C.M. described how Defendant attempted
to penetrate him from different positions. C.M. also described one incident where
Defendant asked C.M. to anally penetrate him. Defendant also took pictures of
C.M. masturbating. C.M. stated that the sexual abuse stopped during the seventh
or eighth grade, around his thirteenth birthday. C.M. said he told Defendant to
stop, and Defendant did but warned him not to tell anyone.
C.M. testified he saw Defendant only once after the sexual activity
stopped. C.M. told two of his friends of the sexual misconduct. C.M. said that he
later told his father and stepmother about Defendant’s sexual advances and abuse.
2 The victim’s initials are used to protect his identity. La.R.S. 46:1844(W).
3 On cross-examination, C.M. admitted that he lies on occasions, but he
stated he would never lie just to get someone into trouble. He also said he had no
grudge against Defendant.
Defendant was fifty-six years old at the time of trial. He testified that
he had lived in Lafayette all his life. He never graduated from high school or
obtained a GED certificate. He admitted he had a criminal history for car theft,
simple burglary, and drug offenses. He stated that the victim’s mother and his
niece were close friends. He said that he gave C.M. money because his mother had
no money. He believed C.M. made up the allegations so that he would not have to
visit his mother anymore. Defendant claimed that C.M. only spent two nights at
his place and that both times, C.M. brought a friend with him. He said he and
C.M. were initially close friends, almost like family. While Defendant admitted he
had had sexual relationships with other males, they were always over the age of
eighteen. He denied ever touching C.M. inappropriately or having any kind of
sexual interaction with him.
In brief, Defendant argues that there were internal contradictions or
irreconcilable conflicts in C.M.’s testimony and that the details of the offenses
were vague. Defendant points out that the victim was unable to give dates for the
occurrences. Moreover, Defendant notes that the victim testified the first
Free access — add to your briefcase to read the full text and ask questions with AI
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
15-920
STATE OF LOUISIANA
VERSUS
FREDDIE NAVARRE
**********
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 146230 HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE
ULYSSES GENE THIBODEAUX CHIEF JUDGE
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, and John E. Conery, Judges.
AFFIRMED.
Keith A. Stutes Lafayette Parish District Attorney Michele S. Billeaud Lafayette Parish Assistant District Attorney P. O. Box 3306 Lafayette, LA 70502-3306 Telephone: (337) 232-5170 COUNSEL FOR: Plaintiff/Appellee - State of Louisiana
Carey J. Ellis, III Louisiana Appellate Project P. O. Box 719 Rayville, LA 71269 Telephone: (318) 728-2043 COUNSEL FOR: Defendant/Appellant - Freddie Navarre Freddie Navarre St. Martin Sheriff’s Office P. O. Box 188 St. Martinville, LA 70582 Defendant/Appellaant THIBODEAUX, Chief Judge.
Defendant Freddie Navarre appeals his conviction by a jury of
aggravated rape of a juvenile under the age of thirteen. He alleges that the
evidence was insufficient to sustain the verdict of aggravated rape.
For the following reasons, we affirm.
ISSUE
We shall consider whether the evidence was insufficient to prove
aggravated rape beyond a reasonable doubt.
LAW AND DISCUSSION
Defendant’s sole assignment of error is that the State failed to prove
all the elements of aggravated rape. He argues the only evidence of the rape was
the victim’s testimony, which contained inconsistencies and irreconcilable
conflicts with physical evidence; therefore, the evidence was not sufficient to
sustain the verdict of aggravated rape.
When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See Graffagnino, 436 So.2d at 563, citing State v. Richardson, 425 So.2d 1228 (La.1983). To obtain a conviction, the elements of the crime must be proven beyond a reasonable doubt. State v. Freeman, 01-997, pp. 2-3 (La.App. 3 Cir. 12/12/01), 801 So.2d 578, 580.
Rape is defined as “the act of anal, oral, or vaginal sexual intercourse
with a male or female person committed without the person’s lawful consent.”
La.R.S. 14:41(A). Louisiana Revised Statutes 14:42(A)(4), 1 in pertinent part,
states:
Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it was committed under any one or more of the following circumstances:
....
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim’s age shall not be a defense.
Furthermore, it is well-settled jurisprudence that the testimony of a
single witness is sufficient to support a conviction, absent internal contradictions or
irreconcilable conflicts with physical evidence, even where the State does not
introduce medical, scientific, or physical evidence. State v. Williams, 14-882
(La.App. 5 Cir. 5/14/15), 170 So.3d 1129. The credibility of the witness is a
matter of weight, and not sufficiency, of the evidence, and the determination of
credibility is left to the trier-of-fact’s sound discretion and will not be re-weighed
on appeal. State v. Dixon, 04-1019 (La.App. 5 Cir. 3/15/05), 900 So.2d 929; State
v. Hawkins, 99-217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768.
1 All references to La.R.S. 14:42 are to the statute as it appeared in 2014, prior to its amendment by Acts 2015, Nos. 184 & 256.
2 The victim, C.M.,2 who was sixteen at the time of trial, testified that
between the sixth and eighth grades he attended St. Genevieve School. He lived
with his father but visited his mother every other weekend. C.M. met Defendant
through his mother, and initially it was a good relationship. Defendant would give
him money and drive him to and pick him up from Skate Zone. However, one
afternoon, C.M. and his mother visited Defendant in his trailer. C.M. became
“excited” after watching pornography on Defendant’s computer. He stated that
Defendant noticed, took him into the back bedroom of the trailer, and performed
oral sex on him. This was when C.M. was around ten years old. When C.M.
complained, Defendant told him it was okay but not to tell anyone.
C.M. stated there were several more incidents of oral sexual contact
between him and Defendant. Another act occurred when another man was in the
trailer. C.M. said that Defendant attempted to anally penetrate him but it hurt too
much, and C.M. made Defendant stop. C.M. described how Defendant attempted
to penetrate him from different positions. C.M. also described one incident where
Defendant asked C.M. to anally penetrate him. Defendant also took pictures of
C.M. masturbating. C.M. stated that the sexual abuse stopped during the seventh
or eighth grade, around his thirteenth birthday. C.M. said he told Defendant to
stop, and Defendant did but warned him not to tell anyone.
C.M. testified he saw Defendant only once after the sexual activity
stopped. C.M. told two of his friends of the sexual misconduct. C.M. said that he
later told his father and stepmother about Defendant’s sexual advances and abuse.
2 The victim’s initials are used to protect his identity. La.R.S. 46:1844(W).
3 On cross-examination, C.M. admitted that he lies on occasions, but he
stated he would never lie just to get someone into trouble. He also said he had no
grudge against Defendant.
Defendant was fifty-six years old at the time of trial. He testified that
he had lived in Lafayette all his life. He never graduated from high school or
obtained a GED certificate. He admitted he had a criminal history for car theft,
simple burglary, and drug offenses. He stated that the victim’s mother and his
niece were close friends. He said that he gave C.M. money because his mother had
no money. He believed C.M. made up the allegations so that he would not have to
visit his mother anymore. Defendant claimed that C.M. only spent two nights at
his place and that both times, C.M. brought a friend with him. He said he and
C.M. were initially close friends, almost like family. While Defendant admitted he
had had sexual relationships with other males, they were always over the age of
eighteen. He denied ever touching C.M. inappropriately or having any kind of
sexual interaction with him.
In brief, Defendant argues that there were internal contradictions or
irreconcilable conflicts in C.M.’s testimony and that the details of the offenses
were vague. Defendant points out that the victim was unable to give dates for the
occurrences. Moreover, Defendant notes that the victim testified the first
encounter occurred with his mother “asleep in the front of the Winnebago. This is
where the computer was located. How could this have happened with C[.]M[.]’s
mother so close?” Defendant notes that in C.M.’s father’s affidavit prepared for
the police, he stated that “C[.]M[.] told him that the Defendant had sodomized him
five or six times, not two times as C[.]M[.] testified.” Defendant argues that
everyone—C.M.’s mother, his mother’s boyfriend, and C.M.’s father—all testified
4 that C.M. was a liar. Additionally, Defendant points out that the details C.M. gave
at trial were more extensive then the details he told to the child advocacy center.
Finally, Defendant argues:
An important fact to note is that the indictment states that Mr. Navarre committed this crime between the dates of September 9, 2009 and September 9, 2011. (Rec. p. 10). The Defendant was in jail from August 3, 2011, until February 2, 2012. . . . It would have been impossible for the Defendant to have committed any act after August 3, 2011, contrary to the indictment and the allegations of CM.
As noted above, the credibility of a witness goes to the weight of the
evidence. The jury observed and heard C.M. testify as to what happened to him.
While C.M.’s parents testified that C.M. was known to lie to them on occasions,
they both stated that he would lie to get himself out of trouble but never lied solely
to get someone into trouble.
Casie Barfield, a detective with the Lafayette Parish Sheriff’s Office,
was the lead detective in this case. Detective Barfield worked in the juvenile
section and had extensive training in the physical and sexual abuse of children.
The detective scheduled and observed an interview with the children’s advocacy
center for C.M. The detective testified that C.M.’s trial testimony was consistent
with what he told the police and the children’s advocacy interviewer. The
detective noted it was not unusual for victims of sexual abuse to supply more
details at trial, nor was it unusual for victims to wait for a few years before
speaking out about the abuse. Finally, the detective stated that in these situations
parents of sexual abuse victims often get the facts confused. The detective had no
reason to believe that C.M. was not telling the truth.
5 While Defendant testified at trial that he thought C.M. made up the
allegation of sexual abuse so he would not have to spend weekends with his
mother, testimony established that both parents were all along well aware that
C.M. did not like to go to his mother’s because of her drug use and the fights she
and her boyfriend would get into in front of him. There was no testimony that
Defendant lived with C.M.’s mother and her boyfriend or that they hung around
together all the time. C.M.’s mother testified he would visit with Defendant, and
Defendant would help them out occasionally, but there was no testimony that C.M.
was made to go over to Defendant’s residence. There was no testimony given that
established if Defendant was not available to visit, C.M. would not have to visit his
mother.
The State proved all of the elements of aggravated rape beyond a
reasonable doubt. The sexual acts commenced when the victim was ten or eleven
years old. Defendant had oral and anal sex with the victim. Based on C.M.’s
account, the indictment alleged that the acts were committed between September 9,
2009, two days before the victim’s tenth birthday, and September 9, 2011, two
days before the victim’s thirteenth birthday. It is of no import that Defendant was
in jail in August 2011. The indictment did not allege all of the offenses occurred in
August 2011. According to C.M.’s testimony, the first act of rape occurred when
he was ten or eleven. Defendant has failed to show internal contradictions or
irreconcilable conflicts between C.M.’s testimony and the physical evidence in this
case. C.M.’s testimony was sufficient to establish the elements of the offense.
6 CONCLUSION
For the foregoing reasons, Defendant’s conviction for aggravated rape
and his sentence of life imprisonment at hard labor without probation or parole are