State v. Simpson

892 So. 2d 694, 2005 WL 156772
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,268-KA
StatusPublished
Cited by15 cases

This text of 892 So. 2d 694 (State v. Simpson) 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. Simpson, 892 So. 2d 694, 2005 WL 156772 (La. Ct. App. 2005).

Opinion

892 So.2d 694 (2005)

STATE of Louisiana, Appellee,
v.
Brandy Lane SIMPSON, Appellant.

No. 39,268-KA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*695 Paula Corley Marx, Peggy J. Sullivan, Louisiana Appellate Project, for Appellant.

J. Schuyler Marvin, District Attorney, Dale Montgomery, John M. Lawrence, Assistant District Attorneys, for Appellee.

Before GASKINS, DREW and MOORE, JJ.

GASKINS, J.

The defendant, Brandy Lane Simpson, was convicted after a bench trial of forcible rape and violation of a restraining order. He appeals his conviction and sentence on the forcible rape conviction. For the following reasons, we affirm the defendant's conviction and sentence.

FACTS

The defendant and the victim, C.S.,[1] were married in 1996. At the time of the *696 present offenses, their son was five years old. According to the victim, the defendant was abusive during the marriage. In August 2002, he moved out of the family home. During the course of the proceedings, the victim obtained a restraining order against the defendant, preventing him from stalking, harassing or being within 100 feet of her. An exception to the restraining order was made regarding matters relating to the child. The victim filed for divorce in November 2002. The parties were divorced in June or July 2003.

In the early morning hours of January 17, 2003, the victim stated that the defendant gained entry to her home, forcibly raped her, and threatened to kill her. She claimed that he hid her telephone to prevent her from calling for help. After he left, she reported the offense to the police.

The defendant was arrested and charged with one count of forcible rape and one count of violating the restraining order against him. He waived his right to a trial by jury and chose to be tried in a bench trial. The defendant was convicted as charged on both counts. On the conviction for forcible rape, the trial court sentenced the defendant to serve 12 years at hard labor, two of which are to be served without benefit of parole, probation, or suspension of sentence. On the conviction for violation of the restraining order, the defendant was sentenced to serve six months in the parish jail, concurrent with the sentence for forcible rape. The sentences on these two offenses were ordered to be served consecutively with any other sentence imposed on the defendant.

The defendant appealed, claiming that there was insufficient evidence upon which to base his conviction for forcible rape and that the sentence imposed for that offense is excessive.[2]

SUFFICIENCY OF THE EVIDENCE

Although the record does not reflect that the defendant filed a motion for postverdict judgment of acquittal pursuant to La. C. Cr. P. art. 821, this court will consider sufficiency arguments in the absence of such a motion. State v. Green, 28,994 (La.App.2d Cir.2/26/97), 691 So.2d 1273; State v. Hannon, 37,351 (La.App.2d Cir.8/20/03), 852 So.2d 1141.

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. Cummings, 95-1377 (La.2/28/96), 668 So.2d 1132; State v. Hunter, 33,066 (La.App.2d Cir.9/27/00), 768 So.2d 687, writs denied, XXXX-XXXX (La.10/26/01), 799 So.2d 1150, 2001-2087 (La.4/19/02), 813 So.2d 424.

This court's authority to review questions of fact in a criminal case does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury's *697 decision to accept or reject the testimony of a witness in whole or in part. State v. Rogers, 494 So.2d 1251 (La.App. 2d Cir.1986), writ denied, 499 So.2d 83 (La.1987). In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness's testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Ponsell, 33,543 (La.App.2d Cir.8/23/00), 766 So.2d 678, writ denied, 2000-2726 (La.10/12/01), 799 So.2d 490; State v. Robinson, 36,147 (La.App.2d Cir.12/11/02), 833 So.2d 1207.

La. R.S. 14:42.1, in relevant part, states:

A. Forcible rape is rape committed when the ... 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:
(1) When 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.

The testimony of a sexual assault victim alone is sufficient to convict a defendant. State v. Ponsell, supra; State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.1989), writ denied, 544 So.2d 398 (La.1989); State v. Robinson, supra. Such testimony alone is sufficient even where the state does not introduce medical, scientific, or physical evidence to prove the commission of the offense by the defendant. State v. Ponsell, supra.

After his arrest, the defendant was advised of his Miranda rights. He waived those rights and gave a recorded statement to police. He stated that the victim picked up their son around 8:00 p.m. on January 16, 2003. The defendant then went out with a friend. They ate and went to a nightclub. The defendant drank eight to ten beers over the course of the evening. He stated that he called the victim and talked with her about coming by later that night. He claimed she told him that it was late and not to come by. He went to her house anyway. The defendant's friend dropped him off at the victim's house. The defendant said that he knocked on the door and the victim let him in. He denied having a key to the house.

He stated that she asked him more than once to leave, but he did not. After being asked by the detective, the defendant admitted having sex with the victim, but claimed it was consensual. The defendant said that she was angry after they had sex and told him to leave. He admitted that he knew there was a restraining order limiting his contact with the victim. He claimed that the victim frequently allowed him to violate the order.

At trial, the victim outlined her turbulent relationship with the defendant. She stated that at one point during the marriage, the defendant choked her until she lost consciousness. She said that the day they separated, the defendant physically abused her. The victim testified that when they separated, she had gone to her cousin's house and was standing in the driveway. The defendant drove up and demanded that she come home. He grabbed her and threw her against the truck, tearing her shirt. Her cousin witnessed the altercation and the police were called. The police went to the victim's house and found a butcher knife in the hallway. The victim had not put the knife there. The implication was that the defendant may have intended to attack the victim when she came home.

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Bluebook (online)
892 So. 2d 694, 2005 WL 156772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simpson-lactapp-2005.