State v. Carney

476 So. 2d 364
CourtLouisiana Court of Appeal
DecidedSeptember 11, 1985
DocketKA-2276
StatusPublished
Cited by10 cases

This text of 476 So. 2d 364 (State v. Carney) 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. Carney, 476 So. 2d 364 (La. Ct. App. 1985).

Opinion

476 So.2d 364 (1985)

STATE of Louisiana
v.
Rodney CARNEY.

No. KA-2276.

Court of Appeal of Louisiana, Fourth Circuit.

September 11, 1985.

*365 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Julia S. Coley, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

*366 Martin E. Regan, Jr., New Orleans, for defendant-appellant.

Before GARRISON and ARMSTRONG, JJ., and PRESTON H. HUFFT, J. Pro Tem.

ARMSTRONG, Judge.

The defendant, Rodney Carney, was charged with the offenses of aggravated rape, attempted aggravated rape, and aggravated burglary and was found to be guilty as charged of each offense. On the charge of aggravated rape, he was sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence, and on the charge of attempted aggravated rape, he was sentenced to life imprisonment at hard labor. On the charge of aggravated burglary, he was sentenced to fifteen (15) years at hard labor. The sentences were to run concurrently. It is from these convictions and sentences that defendant has appealed.[1]

The record reflects that during the month of October, 1982, Trina and her sister Carol resided at 2130 Willow Street. 2130 Willow is one-half of a shot-gun double. Stephanie lived at 2128 Willow, the other half of the double.

On October 13, 1982, Trina saw defendant at a store on the corner of Willow Street and Jackson Avenue. Trina was well acquainted with defendant because they had lived in the same building when they were children. Defendant called to Trina so she went over to see what he wanted. He asked her for a date, she turned him down. The defendant then got in his car and drove away.

Stephanie was standing on her front steps during the early evening hours of October 13th. She saw defendant leave the store and get in his car. He drove to the front of her house and asked her name. He also asked her several questions about Trina and Carol. Defendant asked Stephanie if she wanted to go out with him; she refused. Stephanie went inside her house and defendant left.

Early in the morning on October 14, 1982, Stephanie was sleeping when she heard knocking on her door. She opened the door and saw defendant standing there. He told her that he had been driving in the area and stopped because he thought he saw lights on in her house. Defendant asked Stephanie if she was "horny" like him. She became nervous and told defendant that her boyfriend was coming over. Defendant left.

Shortly thereafter, Trina was asleep on the living room couch and was awakened by someone rubbing her leg; it was the defendant. He put a knife to her throat and told her to be quiet. He tied her hands and neck together and then tied her to the sofa leg with an extension cord. He covered her eyes with a dishcloth and put toilet tissue in her mouth. Defendant then engaged in sexual intercourse and cunnilingus with Trina.

Defendant then went into Carol's room and woke her up. Carol initially thought defendant was her boyfriend, but realized she was mistaken when defendant put a knife to her throat. Carol started to turn her head but defendant told her "don't look, don't turn around, or I'll kill you and your baby." Defendant told Carol he wanted her television and "record box." She told him to take what he wanted and leave. Defendant put the knife to her temple and told her he wanted to have sex. Defendant then put the knife on the night stand and began to unzip his pants. Carol then grabbed the knife and began to struggle with defendant. The knife hit Carol's son, enabling defendant to take the knife. They continued to struggle, traveling from the bedroom to the kitchen. Carol grabbed the knifeblade and broke the knife in her hand. Defendant pushed her away from him and ran toward the back door.

Carol began running toward the front door and met Trina who had succeeded in *367 getting free. Carol told her to get the baby. Carol realized that the knifeblade was embedded in her hand so she pulled it out and tossed it onto the floor. She then opened the front door and saw the defendant running out of the side gate.

Stephanie testified that she heard the struggle from her side of the building. She ran to her front door and saw defendant running away. She also heard Carol yelling "help" and Trina yelling "he raped me." Stephanie ran to a neighbor's house and told the neighbor to call the police.

The victims' mother and their sister, Leatha, arrived on the scene while the victims were waiting for the police. Trina, Carol and Stephanie appeared to be nervous and were crying. The house was in disarray. An extension cord and knife blade were on the living room floor. After the police arrived, the victims' mother and a police officer went looking for the knife handle, but they could not find it. Later that day, she found the knife handle approximately one block from her daughters' home.

When the police arrived, Carol and Trina informed them that Rodney Carney had broken into their house. Leatha and Stephanie went with Officers Dunn and Varuso to defendant's residence at 1212 Clara Street and identified defendant as Rodney Carney. The officers arrested defendant.

At trial, Trina testified that she did not consent to the act of intercourse or cunnilingus. She also testified that she was not married to defendant. Dr. Zelernack examined Trina at Charity Hospital later in the day of October 14, 1982. He testified that there were observable red areas on her hands. It was stipulated that Patsy Daniels, laboratory technician at the coroner's office, examined vaginal swabs taken from Trina and that the test results were positive for seminal fluid and spermatoza. It was also stipulated that Officer Sisson tested defendant's clothing seized at arrest and found seminal fluid on defendant's underwear.

At trial Carol testified that she did not invite defendant into her house. She also testified that she was not married to defendant. Dr. William Long testified that he examined Carol on October 14, 1982 and found multiple lacerations on her right palm, some of which required stitches.

At trial, Officer Valteau testified that he was called to 2130 Willow Street on October 14, 1982. He observed the house in disarray. He confiscated a knife blade and an extension cord found lying on the living room floor. He also lifted seven fingerprints off a window on the left side of the house. Officer Burns testified that four of the seven prints were identified as belonging to defendant. Three were unidentifiable because of their poor condition. It was also stipulated that Officer Krone examined the knifeblade which had been confiscated at the victims' residence and the handle found by the victims' mother and that they fit together. It was further stipulated that from the bottom of the living room window to the ground was five feet four inches.

Defendant took the stand and testified that Trina invited him into the house on October 14, 1982. He had left his car running in the street, so he went to park it. When he returned to Trina's apartment, the door was shut. He tapped on the side window and returned to the front door. Trina let him in the front door. They smoked marijuana and then engaged in intercourse. Trina asked him for twenty dollars. Defendant told her that he didn't have it and started to get dressed. Carol then came out of the back room with a knife. Defendant caught her by her wrist and took the knife away. She grabbed the knife and screamed. Trina began hollering. Defendant ran out of the house with a knife handle in his hand.

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Bluebook (online)
476 So. 2d 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carney-lactapp-1985.