State v. Robinson

163 So. 3d 829, 2015 La. App. LEXIS 710, 2015 WL 1651905
Louisiana Court of Appeal·Decided April 15, 2015·No. No. 49,677-KA·Published·Cited by 33 cases

Opinion

LOLLEY, J.

| ]This criminal appeal arises from the Fourth Judicial District Court, Parish of Ouachita,- State of Louisiana. The defendant, Terrese Robinson,1 was charged by bill of indictment with two counts of aggravated rape, second degree kidnapping,' attempted second degree kidnapping, carjacking, and felony theft. The indictment was amended two times without changing the substance of the charges. A jury unanimously found Robinson guilty as charged on all six counts. After a subsequent sentencing hearing, Robinson received maximum sentences on all counts. He appeals his convictions and sentences.

Facts

The following facts were gleaned from witness testimony and evidence at trial. All of the crimes of conviction occurred on three separate days, upon three victims in Monroe, Louisiana, in January 2013.

Victim One — MB

MB testified that on Friday, January 18, 2013, she was a student at the University of Louisiana at Monroe (“ULM”). She had an 8:00 a.m. Friday class at Hemphill Hall on the campus. On her walk to class, a man approached her and began to speak [834] with her, asking about her major and where she was going. When MB told him she was walking to class, the man told her he had a gun and to come with him. MB tried to escape, but the man threatened to hurt her. MB believed that he had a gun, because his hand was inside his jacket, out of her view. The man took MB just off campus, into the shed of an abandoned home. Inside the shed, the man then 12told her he was not going to rob her, but that he wanted sex. MB tried to fight him, but the man began to choke her until she nearly lost consciousness. MB believed he was going to kill her. The man told MB to undress and then made her lie down; he removed his pants, and put a condom on. MB begged him not to, but the man attempted to penetrate her. The man then began to perform oral sex on MB and attempted to rape her. The man then removed the condom, penetrated her, and raped her vaginally. The man ejaculated on the floor. The man took the used condom and placed it in an egg carton, and placed that in a trash can outside. He then grabbed MB by the arm and led her back to the place on campus where he had first taken her.

MB went to Madison Hall dormitory for help from her friends, who called the police, her sister, and her parents. The university police and Monroe city police came to the dorm. MB was then taken to Saint Francis Hospital emergency room for a rape examination. MB and her sister, who also attended ULM, packed their belongings and left school that day to return home. MB subsequently gave a detailed statement of the incident to the police in the days following her return home. .

Officer Dennis Sims testified that he was employed with the ULM Police Department at the time of MB’s attack. Officer Sims was dispatched to Madison Hall dormitory the morning of January 18, 2013, where he made contact with the occupants of room 208 of the dormitory, MB and her friends. According to Off. Sims, MB was hyperventilating and hysterical. Her friends described to him how MB had arrived in their room: disheveled |sand upset with the news she had been kidnapped and raped. MB reported to Off. Sims that an unknown black male had approached her, told her he had a gun, and threatened to hurt her. MB also told Off. Sims that the unknown man walked her off campus to an unknown location, later identified as 3304 Armand Street, where he raped her. MB’s statement was detailed he said, but also hysterical, and he had to put it together in bits and pieces throughout their conversation. Officer Sims contacted his supervisors, Lieutenant Meeham and Detective Kevin Bonner, who arrived at the room. The ULM Police Department subsequently located the ■ crime scene, and Off. Sims went to the location of the rape. He testified that he saw, in plain view, a condom thrown on top of an egg crate in the trash can outside. Officer Sims testified that MB’s clothes were dirty and her hair was messed up, but he did not see observable injuries.

Detective Bonner with the ULM Police Department testified that he was called in to work on his day off on January 18, 2013. At the police station, Det. Bonner gathered things he would need for an investigation, and he went to the crime scene, 3304 Armand Street. Detective Bonner was briefed on MB’s statement to Off. Sims. Detective Bonner photographed the scene and described at trial the photographs he took of the scene. While there, Det. Bonner found one earring on the ground in the shed. He then left and went to Saint Francis Hospital, where MB was. He spoke with MB, who also provided him with a written statement. A rape kit was taken at the hospital, and signed over to Det. Bonner through a Physical Evidence [835] Transfer Sheet (“PERK”). Detective Bonner signed over all of the evidence |4he collected at the scene and the rape kit, to Det. Jim Booth of the Monroe Police Department. At trial, Det. Bonner identified State’s Exhibit 4 as the condom containing semen that was taken from the scene of the crime. Detective Bonner said that MB only had on one earring at the hospital when he spoke with her. MB never told Detective Bonner that she felt or saw a gun, but that the man told her he had a gun and she believed him.

Detective James A. Booth, a sergeant for the Monroe Police Department, formerly a Child Abuse and Sex Crimes Detective, testified that on January 18, 2013, he was called to investigate a rape at 3304 Armand Street. The ULM Police Department was already there, and Booth obtained from them the evidence they had gathered. Detective Booth testified that the following Monday, he spoke with MB, who described the incident to him. Detective Booth determined that the residence where the crime took place was vacant.

Stephanie Gullete, a Sexual Assault Nurse Examiner, is the program coordinator for the coroner’s office for examining sexual assault patients. At trial, Gullete explained that she collects evidence of sexual assault in a PERK. On January 18, 2013, she performed a physical examination on MB at Saint Francis Hospital. Gullete said that MB was tearful and quiet during the exam, but cooperative. MB gave her consent to the physical exam. MB reported to her that she was penetrated vaginally by her attacker, with his penis, and that he had put his mouth on her genital area. In addition to the examination, Gullete photographed MB. Gullete testified as to the contents of State’s Exhibit 10-1, the PERK taken from MB’s examination at the |shospital. In the kit were the clothes MB wore that day and swabs used on her body to collect any DNA evidence of the attacker. Gullete gave the PERK to Detective Bonner.

Victim Two — LF

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State v. Robinson, 163 So. 3d 829, 2015 La. App. LEXIS 710, 2015 WL 1651905 (La. Ct. App. 2015).

163 So. 3d 829 (State v. Robinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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