State v. Black

757 So. 2d 887, 2000 WL 526986
CourtLouisiana Court of Appeal
DecidedMarch 22, 2000
Docket98-KA-0457
StatusPublished
Cited by27 cases

This text of 757 So. 2d 887 (State v. Black) 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 v. Black, 757 So. 2d 887, 2000 WL 526986 (La. Ct. App. 2000).

Opinion

757 So.2d 887 (2000)

STATE of Louisiana
v.
Robert BLACK.

No. 98-KA-0457.

Court of Appeal of Louisiana, Fourth Circuit.

March 22, 2000.

*888 Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Louisiana, Attorney for Defendant/Appellant, Robert Black.

Richard Ieyoub, Attorney General, State of Louisiana, Darryl W. Bubrig, Sr., District Attorney of Parish of Plaquemines, Pointe-A-La-Hache, LA, and Gilbert V. Andry, III, Assistant District Attorney, New Orleans, Louisiana, Attorneys for the State of Louisiana/Appellee.

(Court composed of Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY and Judge ROBERT A. KATZ).

MURRAY, Judge.

Robert Black appeals his conviction and sentence for aggravated rape of a juvenile. He alleges that the trial court improperly admitted other crimes evidence at trial, and erred in imposing the maximum sentence and ordering the sentence to run consecutively with a sentence for related charges to which he pled guilty. For the following reasons, we affirm the conviction and sentence.

*889 STATEMENT OF THE CASE:

Robert Black was charged by indictment with one count of aggravated rape of a juvenile and nine counts of molestation of a juvenile. He pled guilty under a plea bargain to eight counts of molestation[1] and was sentenced to five years at hard labor on each count, to run concurrently. Following a Prieur hearing, the trial court ruled that evidence of Mr. Black's acts of molestation charged in the companion indictment would be admitted to show his prurient interest, attraction to females, and intent at the trial on the aggravated rape charge. A jury found Mr. Black guilty of the responsive verdict of sexual battery, and he was subsequently sentenced to serve the maximum of ten years at hard labor, without benefit of probation, parole, or suspension of sentence, to run consecutively to the sentences for the molestation convictions.

STATEMENT OF THE FACTS:[2]

In August of 1993, GL moved with her three daughters to Belle Chasse from Oregon, and lived with Mr. Black's sister for a short time. GL had first met Robert Black on a visit to Louisiana in 1978. GL and her daughters eventually settled into a two-bedroom trailer, and about a month later, Mr. Black moved in with them.

KG, GL's eleven and one-half year old daughter, was enrolled in special education classes due to learning and behavioral problems. Her behavior problems were generally controlled by daily medication, however in October of 1995, she was being unusually disruptive, and her teacher, Susan Rayes, took her into the hall to speak to her privately. KG told Ms. Rayes that she had a problem at home. She stated that her mother's boyfriend was touching her in the wrong spots and pointed to her breasts and genital area. She repeated the allegation and began crying. Ms. Rayes took KG to the office of Dr. Stansbury, the guidance counselor, and called Child Protection Services.

Patricia Jackson from Child Protection arrived at the school a short time later, and questioned KG in the presence of Ms. Rayes and Dr. Stansbury. KG repeated the previous allegations relative to Mr. Black touching her on her breasts and vagina, and further told them that he put "his thing in her thing." She explained where at her house these events occurred. KG's testimony at trial was consistent with her report of the incident to Ms. Rayes and Ms. Jackson. Ms. Jackson drove KG home and interviewed the sisters there.

Both sisters revealed to Ms. Jackson that Mr. Black touched them in "the wrong spot." Previous to the individual interviews with Ms. Jackson, neither sister had discussed these incidents with anyone.

The eldest sister, AF, testified at trial that Mr. Black touched her with his private parts, and put his hands on her vagina and breasts. She testified that her clothes were on, but that he touched her under her clothes. He did these things to her over ten times, when she and Mr. Black were alone, because her sisters were playing at a neighbor's house or asleep. She testified that on one particular occasion, Mr. Black tried to touch her and pull her down, but she started to holler, and he said he did not want to "F____" with her anymore. Mr. Black left her alone after that.

The youngest sister, DB, testified that Mr. Black, her father, touched her on "the wrong spot," which she indicated was her vagina. She testified that he did this to her when she was with him at her aunt's house. DB did not tell anyone about the incident because she did not think anyone would believe her.

All three girls and their mother testified that KG took a different bus home from *890 school and arrived home a short time before her sisters. Their mother, GL, worked forty-hour weeks as a temporary office worker, usually at jobs in New Orleans. Additionally, she rehearsed with the church choir on Wednesday nights and participated in Bible study on Thursday nights. Mr. Black was alone with the children at these times.

AF and DB both testified about an incident when they were outside playing in a small wading pool, and KG was inside. DB went to the trailer to get some towels and found the door locked. She tried a window, but it was blocked with a stick. Finally, after DB knocked, Mr. Black opened the door.

GL testified that her daughters never told her anything about Mr. Black doing anything inappropriate. She testified that her daughters were not exposed to sexually explicit movies or other material at home. After Mr. Black was arrested, she moved with the children to another part of the city.

GL further testified that Mr. Black called her from jail about a month after his arrest. He told her that he was sorry for the hurt he caused her and the children. She testified that "he said that they said it was aggravated and it wasn't, you know, like it was forced." She then explained to him that the law had age "limitations" about rape. She reported this conversation to Detective Mary McClendon at the Sheriffs Office.

Detective McClendon confirmed that on December 8, 1995 GL reported the phone call to her. Detective McClendon further testified that she audiotaped the conversation in which GL reported the call to her from Mr. Black.

In accordance with the policy of Child Protection Service, Dr. Scott Benton of Children's Hospital examined the three sisters. Dr. Benton testified that he took a history from KG that was consistent with her earlier reports and her trial testimony. KG told him that Mr. Black put his "wiener" in the wrong spot. KG noticed some male and female dolls in Dr. Benton's office and, "on her own accord and without asking, she took the clothes off the dolls and began to demonstrate penile, vaginal contact."

He further testified that the physical exam of KG did not reveal sexual abuse, but that this did not always indicate that no sexual abuse occurred. He explained that with the onset of puberty, which occurs internally at about eight years of age, the hymen membrane becomes thick and elastic and can accommodate sexual intercourse without damage. He additionally testified that the vagina is coated with mucus tissue that repairs or heals itself in a short period of time. Lastly, he noted that penetration of the vaginal lips may occur without penetration of the hymen.

The prosecutor submitted a chart into evidence to prove that KG, whose date of birth is April 6, 1984, was less than twelve years of age when the incidents occurred.

ASSIGNMENT OF ERROR NO. 1:

Mr.

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Bluebook (online)
757 So. 2d 887, 2000 WL 526986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-black-lactapp-2000.