State v. Robertson

243 So. 3d 1196
Louisiana Court of Appeal·Decided August 16, 2017·No. No. 51,521–KA·Published·Cited by 5 cases

Opinion

STONE, J.

The defendant, Roy Leon Robertson, was charged by grand jury indictment with aggravated rape of a person under the age of 12, in violation of La. R.S. 14:42. Following a jury trial, Robertson was found guilty as charged, and sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. For the following reasons, we affirm Robertson's conviction. We vacate Robertson's life sentence and sentence him to 20 years without restriction on parole, probation, or suspension of sentence.

FACTS AND PROCEDURAL HISTORY

On November 17, 2015, a grand jury indicted the defendant, Roy Lee Robertson ("Robertson"), for the aggravated rape of his daughter, T.N.,1 occurring between February 12, 1972, and February 12, 1976.2 Robertson waived arraignment and pled not guilty.

During a jury trial, the state presented testimony from T.N. and other victims *1199whom Robertson molested and raped during their childhood. Robertson did not testify at trial nor did he present any witnesses. After deliberation, the jury unanimously found Robertson guilty as charged. The trial court denied Robertson's motion for post-verdict judgment acquittal, noting that it had listened carefully to the testimony and was satisfied that the evidence was sufficient to prove Robertson was guilty beyond a reasonable doubt of the aggravated rape of T.N. This appeal ensued.

DISCUSSION

Prior to trial, the state filed a notice of intent to use the following evidence of other similar sexual assaults committed by Robertson, pursuant to La. C.E. art. 412.2 :

• Robertson repeatedly raped and molested his juvenile granddaughter, R.S., whose date of birth is XX/XX/XXXX, from the time she was approximately six years old until she was 14 years of age.
• Robertson repeatedly raped and molested his juvenile daughter, D.J., whose date of birth is XX/XX/XXXX, from the time she was approximately six years old until she was 14 years of age.

Robertson contends the evidence, along with T.N.'s testimony, was insufficient to sustain his conviction for aggravated rape of T.N. Robertson argues T.N.'s and D.J.'s testimony lacked credibility because: 1) they did not provide a reasonable explanation for waiting almost 40 years to report the alleged sexual abuse; and, 2) they have mental health issues. When viewed in the light most favorable to the prosecution, this Court finds that the state presented sufficient evidence to prove Robertson committed aggravated rape of T.N.

The standard of appellate review for a sufficiency of the evidence claim 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 (1979) ; State v. Tate, 2001-1658 (La. 05/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed. 2d 248 (2004) ; State v. Carter, 42,894 (La. App. 2 Cir. 01/09/08), 974 So.2d 181, writ denied, 2008-0499 (La. 11/14/08), 996 So.2d 1086 ; State v. Crossley , 48,149 (La. App. 2 Cir. 06/26/13), 117 So.3d 585, writ denied, 2013-1798 (La. 02/14/14), 132 So.3d 410. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, 2005-0477 (La. 02/22/06), 922 So.2d 517 ; State v. Dotie, 43,819 (La. App. 2 Cir. 01/14/09), 1 So.3d 833, writ denied, 2009-0310 (La. 11/06/09), 21 So.3d 297 ; State v. Crossley, supra.

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

State v. Robertson, 243 So. 3d 1196 (La. Ct. App. 2017).

243 So. 3d 1196 (State v. Robertson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Louisiana v. Robin Darrell Allen
Louisiana Court of Appeal, 2021
State Of Louisiana v. Rusty Willie
Louisiana Court of Appeal, 2021
State Of Louisiana v. Celito C. Jackson
Louisiana Court of Appeal, 2020
Robertson v. Vannoy
W.D. Louisiana, 2019
State Of Louisiana v. James Matthew Cole
Louisiana Court of Appeal, 2019