State v. Sturdivant

669 So. 2d 654, 1996 WL 83210
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1996
Docket27680-KA
StatusPublished
Cited by25 cases

This text of 669 So. 2d 654 (State v. Sturdivant) 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. Sturdivant, 669 So. 2d 654, 1996 WL 83210 (La. Ct. App. 1996).

Opinion

669 So.2d 654 (1996)

STATE of Louisiana
v.
Randall Keith STURDIVANT.

No. 27680-KA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1996.
Rehearing Denied March 28, 1996.

*655 Peter Edwards, Monroe, for appellant.

*656 Richard Ieyoub, Attorney General, Baton Rouge, Jerry L. Jones, District Attorney, H. Stephens Winters, Asst. District Attorney, Monroe, for appellee.

Before BROWN, WILLIAMS and STEWART, JJ.

WILLIAMS, Judge.

The defendant, Randall Keith Sturdivant, was charged by bill of information with the crime of indecent behavior with a juvenile, a violation of LSA-R.S. 14:81. A jury found the defendant guilty as charged. The trial court originally sentenced the defendant to serve seven years at hard labor, but vacated that sentence after defendant was adjudicated a third felony offender. Pursuant to LSA-R.S. 15:529.1, the trial court resentenced the defendant to serve fourteen years at hard labor, without benefit of parole, probation or suspension of sentence. The defendant appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On March 21, 1994, the defendant, Randall Sturdivant, entered the Ouachita Parish Junior High School in Monroe, Louisiana. He informed the school secretary, Ms. Terri McDuffey, that he was interested in sending his children to the school and asked for permission to tour the building. The testimony at trial revealed that defendant's children were not old enough to attend junior high school at the time of the incident. The school principal and secretary instructed the thirteen-year-old victim, who was an office aide, to take the defendant on a tour of the school.

During the course of the tour, the defendant began asking the victim sexually suggestive questions, such as whether she had ever been fondled or molested and whether she had ever had sex with a boy. The defendant persisted in speaking about sexually related topics, telling the victim that he was a student at Northeast Louisiana University (NLU), and had written a paper on the molestation of young girls. However, the state and defense counsel stipulated at trial that the defendant was never a student at NLU. Toward the end of the tour, the defendant asked the victim to show him the empty auditorium and the outside playground area, but she refused.

The defendant then told the victim that he needed to stop and get a drink from the water fountain. The victim testified that as she stood with her back to the defendant, he walked up behind her, thrust his arms under her arms and attempted to grab her breasts. The victim stated that she stepped away from the defendant, who then placed his hands on her buttocks and "lifted up and kind of rubbed." Defendant told her, "Now you know what I mean by being fondled." The defendant left the school building and the victim returned to the office, where she reported the incident to Ms. McDuffey, who contacted the Monroe Police Department. Detective Larry Linson investigated the incident and eventually identified the defendant as the suspect. Detective Linson assembled a photographic line-up, from which the victim, the secretary and a teacher all identified defendant as the individual who had entered the school.

Prior to trial, the state filed a motion for a Prieur hearing to determine the admissibility of evidence concerning prior sex-related offenses allegedly committed by the defendant. The trial court denied the state's motion. The state applied to this court for a supervisory writ of review, and we directed the trial court to hold a Prieur hearing. State v. Sturdivant, 26,923-KW (La.App.2d Cir. 8/12/94). One incident involved B.C., a six year old girl. The other incident involved J.H., a four year old girl. The trial court held a Prieur hearing and ruled that only one incident was admissible. Both the state and defendant applied for writs of review. Upon review of the matter, this court upheld the trial court's ruling that the evidence pertaining to B.C. was admissible to prove intent and guilty knowledge. This court also granted the state's writ application because the offered evidence concerning J.H. was relevant, pertinent to a material fact in issue and its probative value outweighed any prejudicial effect. State v. Sturdivant, 27,034-35-KW (La.App.2d Cir. 9/9/94).

*657 After a trial, the jury convicted defendant of indecent behavior with a juvenile. Subsequently, defendant was adjudicated an habitual offender, and was sentenced to serve fourteen years at hard labor, without benefit of probation or parole. The trial court denied defendant's motion for reconsideration of sentence. The defendant appeals.

DISCUSSION

Evidence of Other Crimes

The defendant argues that the trial court erred in admitting the testimony of two juvenile female victims as evidence of prior sex-related offenses committed by defendant. He contends that any probative value of the evidence was clearly outweighed by its prejudicial effect.

LSA-C.E. Art. 404B(1) provides that evidence of other crimes or acts may be admissible as proof of motive, intent, knowledge, identity and absence of mistake or accident. The rationale behind excluding other crimes evidence is to ensure that the defendant will not be presumed guilty of the instant charge because he committed the past offenses or because he is of a general criminal character. State v. Driggers, 554 So.2d 720 (La.App.2d Cir.1989). For evidence of other crimes to be admissible, the state must prove with clear and convincing evidence that the other acts or crimes occurred and were committed by the defendant, demonstrate that the other acts satisfy one of the requirements listed in Art. 404B(1), and show that the probative value of the evidence outweighs its prejudicial effect. State v. Jackson, 625 So.2d 146 (La.1993); State v. Free, 26,267 (La.App.2d Cir. 9/21/94), 643 So.2d 767, writ denied, 94-2846 (La. 3/10/95), 650 So.2d 1175. Further, the evidence of other crimes must have some independent relevance other than showing that the defendant is a person of bad character and should tend to prove a material fact at issue. State v. Driggers, supra. A trial court's ruling on the admissibility of such evidence will not be overturned absent an abuse of discretion. State v. Lee, 25,917 (La.App.2d Cir. 5/4/94), 637 So.2d 656, writ denied, 94-1451 (La. 10/7/94), 644 So.2d 631.

In the present case, B.C., age fourteen, testified at trial that when she was six years old, defendant persuaded her to enter a vacant house and then asked her to "play doctor." When she refused, defendant had her sit on his lap and placed his hands between her legs on the outside of her clothing, touching her "private parts." B.C. asked him to stop and tried to leave, but defendant would not allow her to go until she promised not to tell anyone about the incident. B.C. later reported the incident to her mother.

Another girl, J.H., age eleven, testified about an incident that occurred when she was four years old. She was outside playing, when a man approached her and asked her to go behind the levee. According to J.H., the man asked if he could "stick his finger in my private," and asked her to feel his "second heartbeat ... in his private." J.H. stated that the man then "took me to a mattress and he told me to take my shirt off. And the cops pulled up and I put my shirt on, and he put me in a hole and the policemen came." J.H. did not remember being touched by the man, whom she could not identify.

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Cite This Page — Counsel Stack

Bluebook (online)
669 So. 2d 654, 1996 WL 83210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sturdivant-lactapp-1996.