State v. Curtis

• Court: Court of Appeal of Louisiana
• Writing for the Court: Gremillion
• Citation: State v. Curtis, 987 So.2d 294 (La. App. 2008)
• Decision Date: 05 June 2008
• Docket Number: No. 2008-99.,2008-99.
• Parties: STATE of Louisiana v. Randall C. CURTIS.

987 So.2d 294

STATE of Louisiana v. Randall C. CURTIS.

No. 2008-99.

Court of Appeal of Louisiana, Third Circuit.

June 5, 2008.

David W. Burton, District Attorney, Richard F. Blankenship, Assistant District

Attorney, DeRidder, LA, for Appellee, State of Louisiana.

Annette Fuller Roach, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Randall C. Curtis.

Court composed of SYLVIA R. COOKS, GLENN B. GREMILLION, and JAMES T. GENOVESE, Judges.

GREMILLION, Judge.

The defendant, Randall C. Curtis, was found guilty by a jury of one count of attempted molestation of a juvenile in violation of La.R.S. 14:27 and 14:81.2, two counts of molestation of a juvenile in violation of La.R.S. 14:81.2, and two counts of carnal knowledge of a juvenile in violation of La.R.S. 14:80. He was sentenced as follows: 1) count one, attempted molestation of a juvenile, ten years at hard labor; 2) count two, molestation of a juvenile, fifteen years at hard labor; 3) count three, carnal knowledge of a juvenile, ten years at hard labor; 4) count four, carnal knowledge of a juvenile, ten years at hard labor; and 5) count five, molestation of a juvenile, fifteen years at hard labor. The sentences on counts one through four were ordered to run concurrently, while the sentence on count five was ordered to run consecutively to the other four counts. Additionally, all of the sentences were ordered to run consecutively to any previous sentence Defendant was subject to, and he was given credit for time served.

Defendant is now before this court asserting that the evidence introduced at trial was insufficient to prove the elements of counts one and two and that his sentences are excessive. We affirm Defendant's convictions on counts one and two and the sentences on counts two, three, four, and five. Further, we hold that his sentences are not excessive. However, his sentence on count one is reduced to seven and one-half years at hard labor and rendered.

SUFFICIENCY OF EVIDENCE

In his fifth assignment of error, Defendant argues that the evidence introduced at trial was insufficient to prove the necessary elements of attempted molestation (count one) and molestation of a juvenile (count two). We will address this assignment of error first in the event that a reversal is warranted.

The analysis for a claim of insufficient evidence is well-settled:

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, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, rehearing denied, 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La. 1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibility of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the triers of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, 436 So.2d 559 (citing State v. Richardson, 425 So.2d 1228 (La.1983)). In order for this Court to affirm a conviction, however, the record must reflect that the state has satisfied its burden of proving the elements of the crime beyond a reasonable doubt.

State v. Kennerson, 96-1518, p. 5 (La.App. 3 Cir. 5/7/97), 695 So.2d 1367, 1371.

The elements of molestation of a juvenile are set forth in La.R.S. 14:81.2(A), which reads, in pertinent part:

Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Lack of knowledge of the juvenile's age shall not be a defense.

Defendant argues that the State failed to prove beyond a reasonable doubt that the acts were conducted for the purpose of arousing or gratifying the sexual desires of either party. He further claims that the State failed to prove that he had the specific intent to touch the genitals and breast of the victim or that the acts occurred because he was using his position of control or supervision over the victim.

There is no dispute that the victim was under the age of seventeen, that Defendant was over the age of seventeen, and that there was a difference of more than two years in their ages. He specifically disputes whether the acts set forth in the amended bill of information occurred and, if so, whether they occurred during the period of time that he was exercising supervision and control over the victim. Lastly, Defendant avers that the State failed to prove that the acts were committed to gratify the sexual desires of either party.

At trial, the victim's mother, K.V.,¹ testified that she needed assistance in her home with her children and that she requested Defendant's help. She explained that the children needed a positive role model and that they needed to know that all men were not bad. According to K.V., she had just exited a bad relationship wherein she had been psychologically and verbally abused and that her children were also suffering as a result of same. She testified about a meeting between herself, Defendant, and her mother regarding the troubles that her children were having and stated that they set forth guidelines, including punishment, rewards, and expectations, to help the children. K.V. stated that she gave Defendant permission to discipline her children and that he was in a position of control over them. She thought, however, that this authority would be shared, but she felt as though she had relinquished most of the control.

The victim, who was fourteen years old at the time of the offenses, also testified that her mother had given Defendant the authority to discipline them and that he exercised that authority during the time he resided with them. One day during his stay, Defendant punished the victim because he thought she had stolen money. According to the victim, the punishment entailed taking her to his mother's house to work. She said that when they arrived, however, they did not work as planned. Instead, she stated that Defendant asked her if she was interested in learning about a religion referred to as Shamanism. The victim said that she replied affirmatively as she was genuinely interested in learning about the religion. The two proceeded to walk to the woods behind his mother's property. They stopped at a cleared area, where Defendant asked her to undress. The victim testified that although she was uncomfortable, she complied and removed all of her clothes, sat down, and curled her knees up to her chest. The victim said that Defendant next asked her to sit cross-legged. She complied once more and then Defendant proceeded to undress and sit down across from her, but within arm's reach.

As they began to talk about Shamanism, the victim became uncomfortable when Defendant asked her to look at his genitals and to touch them. She could not recall with certainty if she touched his genitals. She did recall, however, that he touched her inner thigh and tried to touch her vaginal area. According to the victim, Defendant did not succeed because she avoided his advance by scooting back. The victim testified that he told her she should not be uncomfortable because he was just trying to teach her about Shamanism. She said that she believed him at that time because she wanted something to believe in, explaining that she felt like a misfit. Defendant told her that Shamanism might help her believe in herself, and she thought it was something that would help them both feel better about the world. That day, he made no other attempts to touch her or to encourage her to touch him. They dressed, talked a little more, and then the victim wanted to go home. She testified that Defendant did not threaten her at that time.

According to the victim, Defendant began asking for more sexual activity after their first encounter. One day while at her home, Defendant wanted to have intercourse with her, referring to the act as "Giving back to the Great Spirit." She testified that they got into an argument because she did not want to have sex with him. Defendant insisted that she could not put it off anymore. As instructed, she undressed, laid back on the bed, and "took it," (had sexual intercourse with Defendant). Prior to that time, the two had tried to have intercourse, but it was painful for her, and she had asked him to stop. The victim testified that they began having intercourse about a month after Defendant moved into their home, and they continued to have intercourse while he lived there and after he moved out.

Next, the victim testified that Defendant taught her how to "jack him off" or masturbate him. According to the victim, this occurred "quite often" during the months he lived in her home. Defendant also taught the victim how to "give head" or perform oral sex on him. She explained that he took her into the computer room of their home when her mother was not home and pulled up pornography from a web site and instructed her to do what they were doing. She said that she complied at that time and ended up performing oral sex on the Defendant "often." Her testimony was supported by the fact that one of the computers seized during the investigation had pornographic pictures of oral sexual acts, including females performing oral sex, saved on...