State v. J.S.

63 So. 3d 1185, 2011 WL 1771106
CourtLouisiana Court of Appeal
DecidedMay 11, 2011
DocketNo. 10-1233
StatusPublished
Cited by9 cases

This text of 63 So. 3d 1185 (State v. J.S.) 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. J.S., 63 So. 3d 1185, 2011 WL 1771106 (La. Ct. App. 2011).

Opinion

COOKS, Judge.

| defendant appeals his conviction and sentence for committing the crime of forcible rape. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On April 19, 2004, the victim, A.T.1, was sleeping in her bed after returning home from work. She awoke to find her hands and feet tied to the bedposts. Present in the room were Defendant, J.S., and another man, R.S. Defendant then proceeded to engage in sexual intercourse with A.T. against her will.

Defendant was indicted on one count of aggravated rape on February 22, 2007. Trial commenced and shortly after voir dire, pursuant to a plea agreement, Defendant pled guilty to forcible rape, a violation of La.R.S. 14:42.1. The trial court ordered a presentence investigation report. Defendant was sentenced on February 8, 2008, to thirty years imprisonment, with the first ten years without the benefit of probation, parole, or suspension of sentence. Defendant subsequently filed a “Motion to Reconsider Sentence,” which was denied.

Defendant has lodged this appeal, wherein he asserts two assignments of error, one attorney-filed and one pro-se; the sentence of thirty years was excessive and the trial court failed to comply with the mandates of La.Code Crim.P. art.. 894.1, and the evidence was not sufficient enough to have allowed the trial court to accept Defendant’s plea of guilty pursuant to the mandate of North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).

For the following reasons, we affirm Defendant’s conviction and sentence.

PRO-SE ASSIGNMENT OF ERROR NUMBER 1

We will address Defendant’s prose assignment of error first, because if there |2⅛ merit to this assignment, any issue regarding the sentence would be moot.

Defendant argues the guilty plea was not valid because the trial court failed to establish that there was “strong evidence of actual guilt.” He asserts that he pled “guilty under Alford for his alleged acts of sexual miscount [sic] with his ex-girl[friend] despite protesting his innocence.”

The “best interest” or Alford plea, which derives from the United States Supreme Court case of North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), is one in which the defendant pled guilty while maintaining his innocence. In Alford, the Supreme Court ruled that a defendant may plead guilty, without forgoing his protestations of innocence, if “the plea represents a voluntary and intelligent choice among the alternative courses of action open to defendant,] ... especially where the defendant was represented by competent counsel whose advice was that the plea would be to the defendant’s advantage.” Id., 400 U.S. at 81, 91 S.Ct. at 164; State v. McCoil, 2005-658 (La.App. 5th Cir.02/27/06), 924 So.2d 1120. In a case involving an Alford plea, the record must contain “strong evidence of actual guilt.” Id., 400 U.S. at 38, 91 S.Ct. at 167; State v. McCoil, supra;

State v. Stevenson, 45,371, pp. 4-5 (La.App. 2 Cir. 6/23/10), 41 So.3d 1273, 1277.

[1188]*1188Furthermore, when a defendant claims innocence and still makes an Alford plea, the trial court is put on notice that a substantial basis of guilt must be placed into the record. State v. Villarreal, 99-827 (La.App. 5 Cir. 2/16/00), 759 So.2d 126, 129, writ denied, 00-1175 (La.3/16/01), 786 So.2d 745.

[T]he standard under Alford is not whether the state may prevail at trial by establishing the essential elements of the crime beyond a reasonable doubt and negating all possible defenses, but rather whether the strength of the factual basis, coupled with the other circumstances of the plea, reflect that the plea “represents a voluntary and intelligent choice among the alternative[s].” Id. 400 U.S. at 31, 91 S.Ct. at 164.

State v. Orman, 97-2089, pp. 1-2 (La.1/9/98), 704 So.2d 245, 245.

In pertinent part, forcible rape is defined as:

A. Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:
|s(l) When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believed that such resistance would not prevent the rape.

La.R.S. 14:42.1(A)(1).

In State v. Schexnaider, 03-144, p. 10 (La.App. 3 Cir. 6/4/03), 852 So.2d 450, 457, this court set forth the elements the state must prove to support a conviction of forcible rape as follows:

[I]n order to convict the Defendant, the State had the burden of proving: (1) an act of vaginal or anal intercourse; (2) without the lawful consent of the victim; and (3) where the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

On the date trial commenced, Defendant advised the trial court that pursuant to Alford, he was going to plead guilty to the amended charged of forcible rape. The trial court then thoroughly Boykinized Defendant. The trial court then asked for a factual basis for the plea. The following conversation took place:

MS. KILLINGSWORTH (Assistant District Attorney):
Your Honor, if called to trial the State would prove that on or about April 19th, 2004, the defendant was involved in a relationship with [A.TJ. They were off and on.
I believe they were off at the time. There is some question with Mr.[S] as to that particular issue. And that’s one of the things I’m sure he will take — or have a different thing to say about.
However, Ms. [T] is a nurse and was working 12-hour shifts, 7 on 7 off. She had finished her shift [and] was at home. She fell asleep, she sleeps very deeply.
When she woke up she was tied to the bedpost. Her hands and legs were tied to each of the four bedposts. He had someone else with him, his name is [R.S.],
And Mr. [S.] raped her against her will.
THE COURT:
Mr. [S.], you’ve heard what Ms. Kill-ingsworth’s description of |4what she believes the State could have proved in this situation.
THE DEFENDANT:
Yes, Your Honor.
THE COURT:
[1189]*1189Okay. Do you agree or disagree with those facts?
THE DEFENDANT:
I disagree.

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Bluebook (online)
63 So. 3d 1185, 2011 WL 1771106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-js-lactapp-2011.