State v. Hillman

613 So. 2d 1053, 1993 WL 25536
CourtLouisiana Court of Appeal
DecidedFebruary 3, 1993
DocketCR92-706
StatusPublished
Cited by25 cases

This text of 613 So. 2d 1053 (State v. Hillman) 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. Hillman, 613 So. 2d 1053, 1993 WL 25536 (La. Ct. App. 1993).

Opinion

613 So.2d 1053 (1993)

STATE of Louisiana, Plaintiff-Appellee,
v.
Chip Devane HILLMAN, Defendant-Appellant.

No. CR92-706.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1993.
Writ Denied May 21, 1993.

*1054 George Higgins, Pineville, for defendant-appellant.

Marc Lampert, Asst. Dist. Atty., Alexandria, for plaintiff-appellee.

Before DOMENGEAUX, C.J., and DOUCET and DECUIR, JJ.

DOUCET, Judge.

The defendant, Chip Devane Hillman, appeals from a conviction of molestation of a juvenile and the sentence imposed as a result of the conviction.

The victim was the ten-year-old daughter of the defendant's lover. The defendant worked in a store owned by the victim's parents. After the defendant left his wife, the mother of the victim left her husband, and the defendant and his lover moved into separate but adjacent trailers on the property of the lover's parents. The defendant would occasionally act as a babysitter for the victim and her two younger sisters while the mother worked.

While babysitting the children, defendant would allow the two younger girls to go outside and keep the victim inside the trailer. The victim described how defendant would masturbate in her presence, usually while he was guarding the door in case someone tried to come inside. At trial, she described how some "white stuff" came out when defendant masturbated and how he told her that it would make babies. Defendant would ask the victim to hold his penis and masturbate him, pleading and *1055 begging until she would finally acquiesce. She further described how defendant showed her some sexually explicit pictures of his ex-wife, and a pornographic magazine containing a nude picture of defendant's thirteen-year-old cousin. Defendant further made the victim watch him replay a sexually graphic scene from the R-rated movie, Blue Steel, and told her when she grew up she would look like the naked woman in the scene.

The defendant fondled the victim's breasts. The defendant also inserted his finger into her vagina on several occasions. When the victim would protest that it hurt her, defendant would tell her if he did it then, it would not hurt her later when she was married. The defendant attempted to have the victim perform oral sex, but when she said no, defendant told her he would make it where she could not taste it.

These acts occurred from March until November of 1990. The victim did not tell her mother what defendant was doing to her. Nor did she tell her father, a former policeman, when she was seeing him during visitations. It was not until November 1990, that the victim told Michelle Hoyt, a friend of her father, that defendant would make her watch dirty movies. Mrs. Hoyt tried to act calm and later told her husband who then informed the victim's father what the victim had said. Apparently nothing happened because ten days later, Mrs. Hoyt and her husband were again visiting with the victim's father, and the victim told Mrs. Hoyt even more about what defendant did to her and in her presence.

After the authorities were notified, the victim was not given a physical examination to possibly confirm that defendant committed any sexual abuse upon her. However, she was seen by Dr. Daniel Lonowski, a clinical psychologist. At trial, Dr. Lonowski was recognized as an expert in the field of clinical psychology. After meeting with the victim twenty-four times and conducting a battery of tests, Dr. Lonowski was of the opinion that she was a victim of sexual abuse because she exhibited many of the characteristics consistent with a victim of child sexual abuse. Among the factors considered were her use of obscene slang words which were neither age appropriate words nor words she was exposed to by her parents.

The defendant was charged by bill of information with molestation of a juvenile, a violation of La.R.S. 14:81.2. Defendant waived his right to trial by jury. He testified on his own behalf and denied any improper conduct with the victim. After the presentation of evidence, the trial judge found defendant guilty as charged.

The defendant appealed and assigned eight errors concerning the sufficiency of the evidence, the psychologist's testimony, the sentencing of defendant, the admissibility of evidence, and the order of presentation of evidence.

A review of the record reveals no errors patent.

SUFFICIENCY OF THE EVIDENCE

The defendant argues that the evidence adduced at trial was not sufficient to support a guilty verdict. 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 determination of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, supra, citing State v. Richardson, 425 So.2d 1228 (La. 1983).

In order for the State to obtain a conviction, it must prove the elements of the crime beyond a reasonable doubt. The crime of molestation of a juvenile, La.R.S. *1056 14:81.2, was added by the Louisiana Legislature in 1984. This crime is identical to indecent behavior with a juvenile, La.R.S. 14:81, except that Section 81.2 requires the lewd or lascivious act be committed by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of control or supervision over the juvenile.

Molestation of a juvenile is defined as:
"... 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." La.R.S. 14:81.2 A.

In order to convict a defendant of the crime of molestation of a juvenile, the State must prove that defendant is over the age of 17 and the victim is under the age of 17, and there is an age difference of more than two years. Also, the State must prove the defendant committed a lewd or lascivious act upon the victim or in the presence of the victim intending to arouse or to gratify the sexual desires of the defendant or victim. The commission must be by use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by use of influence by virtue of a position of control or supervision over the victim.

The State presented evidence that defendant was 40 years of age when he committed the charged offenses, and the victim was ten years of age.

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Cite This Page — Counsel Stack

Bluebook (online)
613 So. 2d 1053, 1993 WL 25536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hillman-lactapp-1993.