State v. MJS

916 So. 2d 1215, 2005 WL 2864563
CourtLouisiana Court of Appeal
DecidedNovember 2, 2005
Docket05-380
StatusPublished

This text of 916 So. 2d 1215 (State v. MJS) 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. MJS, 916 So. 2d 1215, 2005 WL 2864563 (La. Ct. App. 2005).

Opinion

916 So.2d 1215 (2005)

STATE of Louisiana
v.
M.J.S.[1]

No. 05-380.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

*1216 Michael A. Brewer, Alexandria, LA, for Defendant-Appellant, M.J.S.

M.J.S., Angola, LA, Pro Se.

Thomas C. Walsh, Jr., Alexandria, LA, for Appellee, State of Louisiana.

Court composed of GLENN B. GREMILLION, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

PAINTER, Judge.

Defendant, M.J.S., appeals his conviction on two counts of aggravated rape, six counts of oral sexual battery, and two counts of aggravated crime against nature. He asserts that the trial court improperly failed to grant his motion to quash and that the lack of credibility of the victims rendered the evidence insufficient to support a conviction. Therefore, he argues that the conviction should be reversed. Finding that the evidence was sufficient to convict and that the motion to quash was properly denied, we affirm.

PROCEDURAL HISTORY

On July 30, 2003, Defendant was indicted by a Rapides Parish grand jury on two counts of aggravated rape, in violation of La.R.S.14:42, six counts of oral sexual battery, in violation of La.R.S.14:43.3, and two counts of aggravated crime against nature, in violation of La.R.S.14:89.1. He was arraigned on August 15, 2003, and entered pleas of not guilty to all charges. Defendant waived his right to trial by jury on October 25, 2004.

Following a bench trial on November 17, 2004, Defendant was found guilty of all charges. On December 1, 2004, he filed a motion for a new trial, which was denied. *1217 He was sentenced to life imprisonment, without benefit of probation, parole or suspension of sentence, on each of the two counts of aggravated rape. He was further sentenced to serve five years with the Department of Corrections on each of the six counts of oral sexual battery and ten years on each of the two counts of aggravated crime against nature. All sentences were ordered to be served concurrently with each other. A motion for appeal was timely filed on December 6, 2004.

FACTS

Lillie Evans, a Detective with the Alexandria Police Department, was contacted by an investigator with the Rapides Parish Office of Child Protection, and advised that M.J.S., II was being interviewed at the Children's Advocacy Center. She was further told that J.S., stepmother of M.J.S., II, had contacted Child Protection and reported that M.J.S., II had disclosed to her that his father, the Defendant herein, had been sexually abusing him.

M.J.S., II was interviewed by Karae Stracener, a forensic interviewer with the Children's Advocacy Center. Upon Detective Evans' arrival, she was able to observe the interview through a remote video feed on a television located in a room separate from the one in which the interview was being conducted.

Through this observation and a subsequent interview with M.J.S., II, Detective Evans was advised of a history of sexual abuse by Defendant, and also learned of the alleged abuse of C.S., a neighborhood friend of M.J.S., II, by Defendant. At the time of the occurrence of the incidents for which Defendant was charged, M.J.S., II, born in 1987, was twelve years of age, and C.S., born in 1986, was approximately 13 years old. The Defendant was approximately 30 years old at the time.

M.J.S., II told investigators, and later testified at trial, that the sexual abuse began when he was five and continued until he was fifteen. Sexual abuse allegedly occurred in multiple states and jurisdictions. The alleged incidents for which Defendant was arrested and charged occurred on or between January 1, 1998 and December 31, 1999, while the Defendant was residing in Alexandria, Louisiana. Each incident was alleged to have occurred during the time that Defendant, M.J.S., II, and J.S., Defendant's then girlfriend, lived on Greenway Street in that city.

Subsequently, the Defendant was arrested. After being read his Miranda rights, he was questioned, but would not respond. Defendant appeals his conviction.

DISCUSSION

ERRORS PATENT

After reviewing the record for errors patent pursuant to La.Code Crim.P. art. 920, the court finds an error in the minutes of sentencing.

This court finds that the minutes of sentencing are in need of correction. The Defendant was found guilty of two counts of aggravated rape, six counts of oral sexual battery, and two counts of aggravated crime against nature. According to the transcript of sentencing, the trial court specifically stated that the sentences were being imposed on each count. This court finds that the minutes of sentencing do not clearly state that the sentences were imposed on each count. The minutes set forth the sentences as follows:

Court sentenced accused for RAPE, AGGRAVATED. RAPE, AGGRAVATED. Court sentenced the accused to be committed to the Louisiana Department of Corrections to serve LIFE. Sentence to be without benefit of probation, parole or suspension of sentence.
*1218 Court sentenced accused for BATTERY, ORAL SEXUAL. BATTERY, ORAL SEXUAL. BATTERY, ORAL SEXUAL. BATTERY, ORAL SEXUAL. BATTERY, ORAL SEXUAL. BATTERY, ORAL SEXUAL. Court sentenced accused to be committed to the Louisiana Department of Corrections. Accused to serve 005 Year(s). Sentence is to be served at Hard Labor. Sentence is to run concurrent. Sentence to be without benefit of parole. Sentence is to be without benefit of Probation. Sentence is to be without benefit of Suspension of Sentence.
Court sentenced accused for CRIME VS NATURE, AGG.. CRIME VS NATURE, AGG.. BATTERY, ORAL SEXUAL. Court sentenced accused to be committed to the Louisiana Department of Corrections. Accused to serve 010 Year(s). Sentence is to be served at Hard Labor. Sentence is to run concurrent. Sentence to be without benefit of parole. Sentence is to be without benefit of Probation. Sentence is to be without benefit of Suspension of Sentence.

The third paragraph in the minutes implies that the trial court imposed a ten-year sentence for oral sexual battery. The transcript of sentencing, however, indicates that the trial court imposed a five-year sentence on each of the six counts of oral sexual battery and a ten-year sentence on each of the two counts of aggravated crime against nature. A ten-year sentence was not imposed on any of the counts of oral sexual battery.

This case is remanded and the trial court is instructed to amend the minutes of sentencing to correctly reflect that sentences were imposed on each count and to delete the reference to oral sexual battery in the paragraph setting forth the sentences imposed for aggravated crime against nature.

SUFFICIENCY OF THE EVIDENCE

Counsel for Defendant urges that the evidence was not sufficient to support the conviction. He bases his argument solely on the alleged lack of credibility of the victims. He urges that inconsistencies between information furnished by the victims in various pre-trial statements and their testimonies at trial justify reversal. With regard to sufficiency of the evidence, this court held in State v. Lambert, 97-64, pp. 4-5 (La.App. 3 Cir. 9/30/98), 720 So.2d 724, 726-27:

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,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Mulvihill
860 So. 2d 266 (Louisiana Court of Appeal, 2003)
State v. Hubbard
708 So. 2d 1099 (Louisiana Court of Appeal, 1998)
State v. Glynn
653 So. 2d 1288 (Louisiana Court of Appeal, 1995)
State v. Richardson
425 So. 2d 1228 (Supreme Court of Louisiana, 1983)
State v. Perez
464 So. 2d 737 (Supreme Court of Louisiana, 1985)
State v. Ponthieux
224 So. 2d 462 (Supreme Court of Louisiana, 1969)
State v. Patterson
301 So. 2d 604 (Supreme Court of Louisiana, 1974)
State Ex Rel. Graffagnino v. King
436 So. 2d 559 (Supreme Court of Louisiana, 1983)
State v. Jones
544 So. 2d 1209 (Louisiana Court of Appeal, 1989)
State v. Schexnaider
852 So. 2d 450 (Louisiana Court of Appeal, 2003)
State v. Duncan
420 So. 2d 1105 (Supreme Court of Louisiana, 1982)
State v. Lambert
720 So. 2d 724 (Louisiana Court of Appeal, 1998)
State v. Moody
393 So. 2d 1212 (Supreme Court of Louisiana, 1981)
State v. Gerstenberger
255 So. 2d 720 (Supreme Court of Louisiana, 1971)
State v. Snyder
277 So. 2d 660 (Supreme Court of Louisiana, 1973)
State v. Rembert
312 So. 2d 282 (Supreme Court of Louisiana, 1975)
State v. Hotoph
750 So. 2d 1036 (Louisiana Court of Appeal, 1999)
State v. Hawkins
740 So. 2d 768 (Louisiana Court of Appeal, 1999)
State v. M.J.S.
916 So. 2d 1215 (Louisiana Court of Appeal, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
916 So. 2d 1215, 2005 WL 2864563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mjs-lactapp-2005.