State v. Doby
| Decision Date | 22 February 1989 |
| Docket Number | No. 20123-KA,20123-KA |
| Citation | 540 So.2d 1008 |
| Parties | STATE of Louisiana, Appellee, v. Frederick DOBY, Appellant. 540 So.2d 1008 |
| Court | Court of Appeal of Louisiana — District of US |
Kidd & Kidd by Paul Henry Kidd, Monroe, for appellant.
William J. Guste, Jr. Atty. Gen., T.J. Adkins, Dist. Atty., and Dan J. Grady, III, Asst. Dist. Atty., Ruston, for appellee.
Before FRED W. JONES, Jr., SEXTON and HIGHTOWER, JJ.
Defendant Doby was charged with attempted forcible rape, in violation of La.R.S. 14:27 and La.R.S. 14:42.1. After a trial by jury, he was found guilty as charged and sentenced to eight years at hard labor, with at least two years to be served without benefit of parole, probation, or suspension of sentence. Defendant appealed, reserving three assignments of error. For the reasons explained, we affirm the conviction, vacate the sentence and remand for resentencing.
On August 1, 1986 at about 3:00 p.m., the victim, a Malaysian architect student at Louisiana Tech in Ruston went to the eighth floor of the campus library to do some research. After about fifteen minutes, she heard a noise and noticed a black male a short distance away, on the other side of the bookshelf she was perusing. At this point, she recognized him as being the same individual she had seen earlier, before entering the library. She recognized his unusual hairstyle and blue striped shirt.
A few minutes later, she was approached from behind by the assailant and a rag soaked in ammonia was placed over her nose and mouth. A struggle ensued, and the assailant pushed her to the floor, and turned her over so that she was facing him. He positioned himself on top of her and forced her legs apart. The assailant fled when the victim bit his right hand.
She reported the incident to one of the campus librarians. The campus police were called, and an investigation was made. The victim said her assailant was wearing a ski mask, black pants and a blue striped shirt. The assailant's ski mask was found on the floor of the eighth floor, along with a rag smelling of ammonia and the victim's book and notebook. A bottle of ammonia and a pornographic magazine were found in a trash can in a third floor restroom. The defendant was found shortly afterwards on the third floor of the library. He was bleeding from his hand, and was wearing the blue shirt and black pants described by the victim. He was arrested and these proceedings ensued.
The victim later identified the defendant as her attacker from a photographic lineup.
ASSIGNMENT OF ERROR NUMBER ONE:
By this assignment, defendant claims the trial court erred by denying his motion for a post-judgment verdict of acquittal on the basis that the state failed to present sufficient evidence to prove him guilty of attempted forcible rape.
In reviewing sufficiency challenges, an appellate court must determine whether, when viewing the evidence in the light most favorable to the prosecution, a rational factfinder could have found that the state proved beyond a reasonable doubt that the defendant committed acts necessary to constitute every element of the offense charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Graham, 420 So.2d 1126 (La.1982).
While defendant's arguments on appeal are directed toward the sufficiency of the evidence proving a specific intent to commit forcible rape on his part, the specification of error states only that there was insufficient evidence to prove he committed forcible rape. We find sufficient evidence to prove each element of this offense.
The record contains ample evidence from which a reasonable juror could have concluded that the offender in this case was Doby. The victim positively identified him as her assailant; the clothes he wore at the time of the arrest matched her description of those worn by her assailant; an orthodontist who took a wax impression of the victim's teeth testified that the teethmarks on defendant's hands were made by teeth similar in size and shape to the victim's; the lab report indicated that fibers from defendant's pants were similar to those taken from the victim's shirt; saliva found on the ski mask contained secretions of the defendant's and the victim's blood types; and finally, head hairs found in the ski mask were identified as black male head hairs. The photograph of defendant which the victim identified as portraying her assailant also shows the unusual "knot" hairstyle she described to the police.
Forcible rape is defined as:
... A rape committed where the vaginal or anal sexual intercourse is deemed to be without the lawful consent of the victim because 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. La.R.S. 14:42.1
La.R.S. 14:27, defining attempt, provides, in part:
Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishment of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
Thus, specific intent to commit a crime is an element of an attempted offense. As it is a state of mind, however, specific intent need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions and/or inaction of the defendant. State v. Fuller, 414 So.2d 306 (La.1982); State v. Dean, 528 So.2d 679 (La.App.2d Cir.1988). The determination of whether the requisite intent is present in a criminal case is for the trier-of-fact, and a review of the correctness of this determination is to be guided by the Jackson standard. State v. Huizar, 414 So.2d 741 (La.1982).
The following evidence, viewed in the light most favorable to the prosecution, convinces us that the state has proven this element of the offense beyond a reasonable doubt: the victim's testimony that she was thrown to the floor and turned so that she was facing her assailant; her testimony that he lay on top of her, gagged her with a cloth and struck her in the face; her testimony that she felt her legs being forced apart and that "she knew what he was trying to do ..."; and her testimony, corroborated by photographs introduced into evidence, that her legs were bruised by the assailant during the attack.
Defendant maintains the fact that he never attempted to disrobe the victim or place his hand between her legs or on her breasts is fatal to the state's attempt to prove intent to rape. We disagree. We believe it was reasonable for the jury to infer defendant's intent to rape from the circumstances described. Failure of an assailant to consummate the act because of a victim's resistance does not prevent a finding of intent to commit rape by threatening or forcing the victim into submission. State v. Magee, 491 So.2d 454 (La.App. 1st Cir.1986). Furthermore, the testimony of the victim is sufficient to prove the elements of a criminal offense. See State v. Johnson, 446 So.2d 1371 (La.App. 1st Cir.1984), writ denied, 449 So.2d 1347 (La.1984). This assignment of error is therefore without merit.
ASSIGNMENT OF ERROR NUMBER TWO:
Defendant contends the trial court erred by allowing into evidence, over his objection, reports from the crime lab not in compliance with La.R.S. 15:499. That statute allows proof by certificate of examination and analysis of physical evidence in criminal cases if certain conditions are met. One of the conditions is contained in Section B of the statute, which provides that the certificate shall be signed by the persons making the examinations and/or analyses. In addition, La.R.S. 15:500 provides that the court shall receive as evidence any certificate made in accordance with R.S. 15:499, and that the certificate shall be prima facie proof of the facts it contains and the chain of custody of the evidence listed thereon....
To continue reading
Request your trial
-
State v. Griffin
...of the defendant.. LSA-R.S. 15:445; State v. Graham, 420 So.2d 1126 (La.1982); State v. Fuller, 414 So.2d 306 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.), writ denied, 544 So.2d 398 (1989). The determination of whether the requisite intent is present in a criminal case is for......
-
State v. Robinson
...and the actions of Defendant. State v. Graham, 420 So.2d 1126 (La.1982); State v. Fuller, 414 So.2d 306 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.1989), writ denied, 544 So.2d 398 (La.1989). Again, we conclude that the evidence, viewed in the light most favorable to the prose......
-
State v. Goldston
...from the circumstances of the transaction and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir. 1989), writ denied, 544 So.2d 398 (La. The defendant's act of pointing a gun at the victim's head while firing it is evidence......
-
State v. Hopson, 35,436-KA.
...and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982); State v. Fuller, 414 So.2d 306 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.), writ denied, 544 So.2d 398 (La.1989). Specific intent is that state of mind that exists when the circumstances indicate the......