State of Louisiana Versus Jhonna D. Leonard

CourtLouisiana Court of Appeal
DecidedNovember 8, 2023
Docket23-KA-103
StatusUnknown

This text of State of Louisiana Versus Jhonna D. Leonard (State of Louisiana Versus Jhonna D. Leonard) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana Versus Jhonna D. Leonard, (La. Ct. App. 2023).

Opinion

STATE OF LOUISIANA NO. 23-KA-103

VERSUS FIFTH CIRCUIT

JHONNA LEONARD COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 20-6704, DIVISION "M" HONORABLE SHAYNA BEEVERS MORVANT, JUDGE PRESIDING

November 08, 2023

JUDE G. GRAVOIS JUDGE

Panel composed of Judges Jude G. Gravois, Robert A. Chaisson, and John J. Molaison, Jr.

AFFIRMED; REMANDED FOR CORRECTION OF THE UNIFORM COMMITMENT ORDER JGG RAC JJM COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Monique D. Nolan Matthew Whitworth Brittany Beckner

COUNSEL FOR DEFENDANT/APPELLANT, JHONNA D. LEONARD Bertha M. Hillman GRAVOIS, J.

Defendant, Jhonna D. Leonard, appeals his conviction and sentence for third

degree rape upon a known juvenile in violation of La. R.S. 14:43. On appeal, he

argues that the trial court committed a prejudicial error when it allowed the State to

admit his video-recorded statement to the police at trial. Finding no merit to

defendant’s argument, we affirm his conviction and sentence and remand for

correction of a patent error.

PROCEDURAL HISTORY

On December 10, 2020, the Jefferson Parish District Attorney filed a bill of

information charging defendant, Jhonna D. Leonard, with third degree rape upon a

known juvenile in violation of La. R.S. 14:43. Defendant pled not guilty at his

arraignment on March 8, 2021.

On April 7, 2021, defendant filed omnibus motions, including a motion for

discovery of defendant’s statement. On that same date, the State and the defense

filed a Discovery Receipt and Stipulation for Reciprocal Discovery. On June 16,

2022, the State filed a Notice of Intent to Use Confession or Statement. Following

a hearing on June 20, 2022, the trial court found that defendant’s video-recorded

statement would be admissible at trial over defense objections. That same day, the

matter proceeded to trial before a twelve-person jury, and on June 22, 2022, the

jury unanimously found defendant guilty as charged.

On July 14, 2022, after a victim impact statement was presented, the trial

court sentenced defendant to twenty-two years’ imprisonment at hard labor without

the benefit of parole, probation, or suspension of sentence. The sentencing hearing

was held open and continued on July 20, 2022. At that hearing, the sex offender

23-KA-103 1 registration requirements were discussed, and a sex offender registration form was

signed.1 This timely appeal followed.

On appeal, defendant challenges the trial court’s admission of his video-

recorded statement to the police.

FACTS

J.W.,2 who was seventeen years old at the time of trial, testified that in

February of 2020, when she was fifteen years old, she lived in an apartment at 933

East Monterey Court with her grandmother, mother, and siblings. On February 25,

2020, after marching with her high school band in a Mardi Gras parade, J.W. was

dropped off at home, where she was alone with defendant. She explained that

defendant was her sister’s father who was visiting at the time. When she first came

inside, defendant asked her if “the weed man was outside.” After asking defendant

for a “cover” and lying on the couch, she played on her phone. Defendant then

asked her if she had had sex. They also talked about bed bugs in the home. She

relayed that he said, “Oh, I got bit by a bed bug, do you want to see where?” He

then pulled out his penis, and J.W. looked away. Defendant then went outside to

meet the “weed man,” after which he sat in a chair and smoked marijuana. J.W.

described that subsequently defendant sat near her on the couch and began rubbing

her legs. She pushed his hand off of her several times. Defendant then got on his

knees, placed his hand on her vagina, and put his mouth on her vagina. She

explained that her skirt was up and her underwear was pulled to the side.

Defendant then held her legs open and put his penis in her. She stated that it was

1 At the conclusion of sentencing, the State noticed its intent to file a habitual offender bill of information against defendant. However, the record shows that on January 12, 2023, the State informed the court that it would not pursue the habitual offender bill. 2 The initials of the victim and any defendant or witness whose name can lead to the victim’s identity (i.e., parent, sibling, or relative with the same last name as the victim) are used pursuant to La. R.S. 46:1844(W)(3), which allows the court to protect the identity of a crime victim who is a minor or a victim of a sex offense by using his or her initials. State v. E.J.M., III, 12-774, 12-732 (La. App. 5 Cir. 5/23/13), 119 So.3d 648, 652 n.1.

23-KA-103 2 painful and she started crying. She testified that she did not feel like she could

leave or fight him. She was scared because he was a “big man.”

After he got off of her, defendant went to the bathroom and J.W. fixed her

clothes. She asked him, “What was that about?,” but could not recall his response.

She testified that she lay on the couch, and her mother returned home. At the time,

J.W. did not tell her mother about this incident with defendant because she

believed her mother would shoot him. After calling and telling a friend about what

happened, she told her sister, J.W.2, in the bathroom. She testified that the next

morning, she told her mother and grandmother what had happened with defendant.

The police were called and J.W. was taken to the hospital by ambulance and

examined by a doctor. She stated that she met with another individual at the Child

Advocacy Center (“CAC”) and recounted what happened.

J.W.2, J.W.’s sister, who was fourteen years old at the time of trial, testified

that her family attended a parade on Mardi Gras Day in February 2020. After J.W.

finished marching in the parade, J.W. and defendant left early and were alone

together at the family residence. When J.W.2 and her remaining family members

returned home, J.W. dragged her into the bathroom. J.W.2 recalled that J.W. was

crying and told her that defendant had touched her. She instructed J.W. to tell their

mother what happened, but J.W. did not like this idea because she was afraid. She

stated that when she and J.W. walked out of the bathroom, they found their

grandmother and brought her back into the bathroom where they told her what had

happened.3 She stated that the police arrived the next morning.

F.W., the victim’s grandmother, testified that in February of 2020, she lived

in an apartment at 933 East Monterey Court in Terrytown with her daughter, N.W.,

and her grandchildren. During that time, F.W. allowed defendant to visit with his

3 It is noted, as stated above, that J.W. testified that she told her grandmother about this incident the next morning.

23-KA-103 3 children in the family home for a few weeks. On Mardi Gras day, she went with

her grandchildren to a parade in which J.W. was marching as a member of her

school’s band. When they later returned home, defendant and J.W. were already

present. She stated that after they got home, everyone was getting “settled down

for the night.”

At “some point,” apparently the next day, J.W. came in her room and stated,

“[Defendant] touched me, and I didn’t like it, and it hurted [sic].” When asked

where J.W.’s mom was at this time, F.W. responded that she was in the kitchen

cooking breakfast for everyone.

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State of Louisiana Versus Jhonna D. Leonard, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-versus-jhonna-d-leonard-lactapp-2023.