State v. Evans

669 So. 2d 719, 1996 WL 83299
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1996
Docket27750-KA
StatusPublished
Cited by8 cases

This text of 669 So. 2d 719 (State v. Evans) 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. Evans, 669 So. 2d 719, 1996 WL 83299 (La. Ct. App. 1996).

Opinion

669 So.2d 719 (1996)

STATE of Louisiana, Appellee,
v.
James Ray EVANS, Appellant.

No. 27750-KA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1996.

*720 Richard C. Goorley, Shreveport, for Appellant.

*721 Richard Ieyoub, Baton Rouge, Paul Carmouche, H.T. Cox, Shreveport, for Appellee.

Before NORRIS, STEWART, JJ., and CLARK, J. Pro Tem.

CLARK, Judge Pro Tem.

James Ray Evans was charged by indictment with the aggravated rape of twelve-year-old V.H., a violation of LSA-R.S. 14:42. Following a jury trial, Evans was convicted as charged by a 10-2 vote. The trial court imposed the statutorily mandated sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Evans appeals and argues four assignments of error.[1] We affirm his conviction and sentence.

FACTS

On September 10, 1991, at approximately 9:00 p.m., V.H. and her seventeen-year-old sister, A.L., were walking on Linear Street in Shreveport when they met up with Evans and two other men, Birdette Barker and Robert Bradford. A.L., a crack cocaine addict, approached the three men and talked with them out of V.H.'s earshot. According to A.L.'s testimony, she and Barker agreed that V.H. would perform oral sex on Barker in exchange for a rock of crack cocaine. Barker gave A.L. the crack and she immediately smoked it. V.H. was unaware of the agreement between A.L. and the men.

V.H., A.L., and the three men then walked to Barker's house on Nina Street. When the group entered the house, A.L. went into one of the bedrooms with Evans and Bradford. V.H. remained in the living room with Barker. He asked her if she was a virgin and whether she had ever sucked a penis. V.H. replied no to both questions. Barker then grabbed a hammer and threatened to strike her if she did not suck his penis. V.H. complied with his demand and performed fellatio on him.

Barker then knocked on the bedroom door, and A.L., Evans and Bradford came out of the room. Barker, still armed with the hammer, ordered V.H. to enter the bedroom, remove her clothes, and get on the bed. Once she complied, Barker had sexual intercourse with her.

Afterwards, V.H. dressed, returned to the living room, and informed A.L. that she wanted to leave. The three men would not let them leave, and Barker ordered V.H. back into the bedroom. Evans and Bradford followed her into room and closed the door. V.H. wrestled with the men as they attempted to throw her on the bed. During the struggle, Bradford held V.H. down while Evans attempted to pull her pants down. Because V.H. continued to scream and make noise, Evans and Bradford held a pillow over her head.

At some point during V.H.'s struggle with Evans and Bradford, A.L. pleaded with Barker to make them stop and offered to "take care" of the men instead. However, all three men replied that they wanted "fresh meat."

While Evans and Bradford where talking with A.L., V.H. crawled to the bedroom door and again attempted to leave, but was unsuccessful. Barker retrieved a crack pipe and ordered V.H. to smoke a rock of cocaine. Once again, she complied with his demand. After V.H. finished smoking the crack, Barker gave the hammer to Bradford, who, with Evans, took V.H. back into the bedroom. V.H. was then forced to perform oral sex on Bradford and Evans.

After Evans left the room and closed the door, Bradford attempted anal intercourse and performed vaginal intercourse with V.H. over a period of several hours. At one point, Bradford allowed V.H. to leave the bedroom to use the bathroom. V.H. looked for a window to escape but found none. Bradford then ordered her back into the bedroom and continued to engage in intercourse with her.

Around 3:00 a.m., Evans, Barker, and A.L. left the house to get something to eat. A.L. managed to escape, run to a friend's house, and call the police. The police came, picked *722 up A.L. and the friend, and drove to Barker's house.

In the meantime, Evans and Barker warned Bradford that A.L. had escaped. They ordered V.H. to dress, and Evans and Bradford agreed to take her home. The police arrived as they were walking down the driveway. Upon seeing the police, Evans ran but was shortly apprehended. Barker and Bradford were also taken into custody.

Corporal Moore of the Shreveport Police Department advised Evans of his Miranda rights. Evans at first claimed to know nothing about the evening's events, but later recanted this story. He then stated he had consensual intercourse with one of the girls, but did not identify which one.

Following Evans' arrest he gave a statement to Detective Jackson and Lieutenant Lowe. He admitted having oral sex and sexual intercourse with A.L., but denied having any type of sex with V.H. At trial, Evans testified that Barker asked A.L. and V.H. if they wanted to "do something," i.e. have sex, in exchange for crack cocaine. Evans again admitted to having consensual intercourse with A.L., but denied having any physical contact with V.H. He also testified that V.H. informed the group that she was seventeen and at no time complained of any of the evening's activities.

Following the police taking all three men into custody at Barker's house, A.L. and V.H. were placed in a police car together. A.L. instructed V.H. to agree with whatever story she gave authorities. A.L. then informed the police that she and V.H. were out looking for their uncle when they met up with the three men. They told the police that the men informed them that their uncle was at Barker's house and proved it by showing them their uncle's cap. At trial both admitted to fabricating the story in an effort to protect A.L. because of her role in the evening's events. However, both girls insisted that their testimonies at trial were the truth.[2]

DISCUSSION

Sufficiency of the Evidence

Following his conviction, Evans filed both a motion for new trial and for a post-judgment verdict of acquittal based in part upon his claim that the evidence at trial was not sufficient for the jury to have convicted him of aggravated rape. LSA-C.Cr.P. Art. 851(1) provides that the court shall grant a motion for new trial whenever the verdict is contrary to the law and the evidence, i.e. that the evidence was insufficient to sustain the conviction. A motion for new trial presents only the issue of the weight of the evidence. Under this article the trial judge has wide discretion to determine the weight of the evidence. The refusal to grant such a motion is not subject to appellate review, except for error of law. State v. Mitchell, 26,070 (La.App.2d Cir. 06/22/94), 639 So.2d 391, writ denied, 94-1981 (La. 12/16/94), 648 So.2d 387 (citing Tibbs v. Florida, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982)).

Evans' argument centers around the question of sufficiency of evidence, an issue he properly raised in the trial court by his motion for post-verdict judgment of acquittal. LSA-C.Cr.P. Art. 821(B) provides that "[a] post-verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in the light most favorable to the state, does not reasonably permit a finding of guilty." See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The Jackson standard is applicable in cases involving both direct and circumstantial evidence. State v. Edwards, 25,963 (La.App.2d Cir.

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Cite This Page — Counsel Stack

Bluebook (online)
669 So. 2d 719, 1996 WL 83299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-evans-lactapp-1996.