State v. Curtis

987 So. 2d 294, 2008 La.App. 3 Cir. 99, 2008 La. App. LEXIS 868, 2008 WL 2290608
CourtLouisiana Court of Appeal
DecidedJune 5, 2008
DocketNo. 2008-99
StatusPublished
Cited by8 cases

This text of 987 So. 2d 294 (State v. Curtis) 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. Curtis, 987 So. 2d 294, 2008 La.App. 3 Cir. 99, 2008 La. App. LEXIS 868, 2008 WL 2290608 (La. Ct. App. 2008).

Opinions

GREMILLION, Judge.

hThe defendant, Randall C. Curtis, was found guilty by a jury of one count of attempted molestation of a juvenile in violation of La.R.S. 14:27 and 14:81.2, two counts of molestation of a juvenile in violation of La.R.S. 14:81.2, and two counts of carnal knowledge of a juvenile in violation of La.R.S. 14:80. He was sentenced as follows: 1) count one, attempted molestation of a juvenile, ten years at hard labor; 2) count two, molestation of a juvenile, fifteen years at hard labor; 3) count three, carnal knowledge of a juvenile, ten years at hard labor; 4) count four, carnal knowledge of a juvenile, ten years at hard labor; and 5) count five, molestation of a juvenile, fifteen years at hard labor. The sentences on counts one through four were ordered to run concurrently, while the sentence on count five was ordered to run consecutively to the other four counts. Additionally, all of the sentences were ordered to run consecutively to any previous sentence Defendant was subject to, and he was given credit for time served.

Defendant is now before this court asserting that the evidence introduced at trial was insufficient to prove the elements of counts one and two and that his sentences are excessive. We affirm Defendant’s convictions on counts one and two and the sentences on counts two, three, four, and five. Further, we hold that his sentences are not excessive. However, his sentence on count one is reduced to seven and one-half years at hard labor and rendered.

SUFFICIENCY OF EVIDENCE

In his fifth assignment of error, Defendant argues that the evidence introduced at trial was insufficient to prove the necessary elements of attempted ^molestation (count one) and molestation of a juvenile (count two). We will address this assignment of error first in the event that a reversal is warranted.

The analysis for a claim of insufficient evidence is well-settled:

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, rehearing denied, 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (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 credibility of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the triers of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, 436 So.2d 559 (citing State v. Richardson, 425 So.2d 1228 (La.1983)). In order for this Court to affirm a conviction, however, the record must reflect that the state has satisfied its burden of proving the elements of the crime beyond a reasonable doubt.

State v. Kennerson, 96-1518, p. 5 (La.App. 3 Cir. 5/7/97), 695 So.2d 1367,1371.

[297]*297The elements of molestation of a juvenile are set forth in La.R.S. 14:81.2(A), which reads, in pertinent part:

Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Lack of knowledge of the juvenile’s age shall not be a defense.

Defendant argues that the State failed to prove beyond a reasonable doubt that the acts were conducted for the purpose of arousing or gratifying the sexual desires of either party. He further claims that the State failed to prove that he had the specific | ¡¡intent to touch the genitals and breast of the victim or that the acts occurred because he was using his position of control or supervision over the victim.

There is no dispute that the victim was under the age of seventeen, that Defendant was over the age of seventeen, and that there was a difference of more than two years in their ages. He specifically disputes whether the acts set forth in the amended bill of information occurred and, if so, whether they occurred during the period of time that he was exercising supervision and control over the victim. Lastly, Defendant avers that the State failed to prove that the acts were committed to gratify the sexual desires of either party.

At trial, the victim’s mother, K.V.,1 testified that she needed assistance in her home with her children and that she requested Defendant’s help. She explained that the children needed a positive role model and that they needed to know that all men were not bad. According to K.V., she had just exited a bad relationship wherein she had been psychologically and verbally abused and that her children were also suffering as a result of same. She testified about a meeting between herself, Defendant, and her mother regarding the troubles that her children were having and stated that they set forth guidelines, including punishment, rewards, and expectations, to help the children. K.V. stated that she gave Defendant permission to discipline her children and that he was in a position of control over them. ■ She thought, however, that this authority would be shared, but she felt as though she had relinquished most of the control.

|4The victim, who was fourteen years old at the time of the offenses, also testified that her mother had given Defendant the authority to discipline them and that he exercised that authority during the time he resided with them. One day during his stay, Defendant punished the victim because he thought she had stolen money. According to the victim, the punishment entailed taking her to his mother’s house to work. She said that when they arrived, however, they did not work as planned. Instead, she stated that Defendant asked her if she was interested in learning about a religion referred to as Shamanism. The victim said that she replied affirmatively as she was genuinely interested in learning about the religion. The two proceeded to walk to the woods behind his mother’s [298]*298property. They stopped at a cleared area, where Defendant asked her to undress. The victim testified that although she was uncomfortable, she complied and removed all of her clothes, sat down, and curled her knees up to her chest. The victim said that Defendant next asked her to sit cross-legged. She complied once more and then Defendant proceeded to undress and sit down across from her, but within arm’s reach.

As they began to talk about Shamanism, the victim became uncomfortable when Defendant asked her to look at his genitals and to touch them. She could not recall with certainty if she touched his genitals. She did recall, however, that he touched her inner thigh and tried to touch her vaginal area. According to the victim, Defendant did not succeed because she avoided his advance by scooting back.

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Bluebook (online)
987 So. 2d 294, 2008 La.App. 3 Cir. 99, 2008 La. App. LEXIS 868, 2008 WL 2290608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curtis-lactapp-2008.