State v. Celestine

452 So. 2d 676
CourtSupreme Court of Louisiana
DecidedMay 14, 1984
Docket82-KA-2376
StatusPublished
Cited by81 cases

This text of 452 So. 2d 676 (State v. Celestine) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Celestine, 452 So. 2d 676 (La. 1984).

Opinion

452 So.2d 676 (1984)

STATE of Louisiana
v.
Willie L. CELESTINE.

No. 82-KA-2376.

Supreme Court of Louisiana.

May 14, 1984.

*677 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Mike Harson, Asst. Dist. Atty., for plaintiff-appellee.

Bertrand DeBlanc, Lafayette, for defendant-appellant.

MARCUS, Justice.

Willie L. Celestine was charged by the grand jury in the same indictment with three separate counts of aggravated rape in violation of La.R.S. 14:42. Prior to trial, the court granted a severance of count three.[1] After trial by jury, defendant was found guilty as charged on the remaining two counts and was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence on each count. The court expressly directed that the sentences be served concurrently. On appeal, defendant relies on four assignments of error for reversal of his convictions and sentences.[2]

ASSIGNMENT OF ERROR NO. 1

Defendant contends the trial judge erred in denying his motion for a new trial on the ground there was insufficient evidence to support the convictions. Specifically, he argues there was insufficient evidence to prove he was the perpetrator of the two rapes.

Count 1

In support of count one, aggravated rape of Ms. S on June 4, 1981, the state introduced the following evidence. Ms. S testified that, at the time of the rape, she was a sixty-five-year old widow who resided alone on Alsador Drive in Lafayette. On the evening of June 3, she went to bed about 11:30 p.m. She was sleeping face down on her stomach when a man jumped on her back. He held her arms down and said, "My name is Michael, and don't you move or I'm going to cut you." After cutting her three times, he forcibly had anal intercourse with her. The attacker left the apartment by using the back door. Ms. S testified that she could not see her attacker and did not recognize his voice. After the incident, she went to a neighbor's home where she had a bowel movement and thoroughly cleaned herself. The police took her to the hospital where she was examined by a doctor. When she returned home, she noticed that the back screen door had been cut near the latch. She concluded her testimony by locating her apartment on an aerial photograph of the housing project area by placing an "X" on the picture; her building is on a cul-de-sac and is the last one on Alsador Drive before the drainage ditch.

The doctor who examined Ms. S at the hospital testified that she had three lacerations and a "small perianal abrasion." He stated that the abrasion, which is usually caused by trauma, would be consistent with anal intercourse. There was no semen visible in the rectal area. But, according to the doctor, because Ms. S had had a bowel movement and did a thorough cleaning, the chances were slight that there would be any evidence of semen.

Finally, the state introduced in evidence defendant's confession. In the confession, defendant admitted to raping a woman who lived in the last house before the curve on the right hand side of Alsador Drive. He stated that he got into the house by cutting a hole in the back screen door so that he could unlatch the screen door. He also stated that the woman was sleeping on her stomach and that she remained on her stomach with her face in the mattress throughout the incident. After the act, he *678 left the apartment by using the back door. He denied having a knife, threatening to cut the victim and raping her other than vaginally.

Count 2

In support of count two, aggravated rape of Ms. B on September 5, 1981, the state introduced the following evidence. Ms. B testified that, at the time of the rape, she was a fifty-nine-year old widow who resided alone on Alsador Drive in Lafayette. On the evening of September 4, she went to bed about 10:00 p.m. Sometime early in the morning, she was awakened by a man who was choking her and who told her, "If you don't do what I say, I'll kill you." Because there was no light in the bedroom, she could not see her attacker. Soon after the attack began, she passed out. The next thing she remembered was waking up in the hospital. When she returned from the hospital, she noticed that the kitchen window screen was "all twisted" and the back screen door had a square cut near the latch. Finally, just as Ms. S had done, Ms. B located her house on the same aerial photograph of the housing project; it was the fourth building from the corner on the right hand side of Alsador Drive. Ms. B also marked the house where defendant lived with his mother. The photograph indicates that the S, B and Celestine residences were within a one-block radius of each other.

The doctor who examined Ms. B at the hospital testified that she was unconscious when she arrived. He noticed that she had minute hemorrhages on her face and head and large hemorrhages on her neck. His opinion was that she had been choked into unconsciousness. He took a rectal swab and vaginal washing. A forensic chemist testified that the swab and washing both showed the presence of spermatozoa.

An expert in fingerprint identification testified that a latent print lifted from the inside kitchen window sill area of Ms. B's home had about fifteen identical points with a roll print of defendant's left ring finger. Ms. B was recalled to the stand and testified that she had no knowledge of defendant ever being inside her house.

The state then introduced in evidence defendant's confession. He admitted to raping a woman who lived in the fourth house on the right hand side of Alsador Drive. The incident occurred late one Friday night or Saturday morning. He stated that he entered the house through the kitchen window and raped the woman in a dark bedroom.

The standard of review for the sufficiency of evidence to uphold a conviction is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Sweeney, 443 So.2d 522 (La.1983). It is well settled that an accused party cannot be legally convicted on his own uncorroborated confession without proof that a crime has been committed by someone; in other words, without proof of the corpus delicti. State v. Simmons, 443 So.2d 512 (La.1983); State v. Mullins, 353 So.2d 243 (La.1977); State v. Morgan, 157 La. 962, 103 So. 278 (1925). Once the corpus delicti has been independently established, a confession alone may be used to identify the accused as the perpetrator of the crime. United States v. Opdahl, 610 F.2d 490 (9th Cir. 1979), cert. denied, 444 U.S. 1091, 100 S.Ct. 1056, 62 L.Ed.2d 780 (1980); United States v. Johnson, 589 F.2d 716 (D.C.Cir.1978); State v. Reed, 420 So.2d 950 (La.1982) (Calogero, J., concurring); State v. Freetime, 334 So.2d 207 (La.1976); 1 H. Underhill, Criminal Evidence § 36, at 18 (6th ed. P. Herrick 1980 Supp.); 1 F. Wharton, Criminal Evidence § 691, at 490 (13th ed. C. Torcia 1972).

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Bluebook (online)
452 So. 2d 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-celestine-la-1984.