State v. Mesa

• Decision Date: 27 November 2019
• Docket Number: NO. 18-KA-526,18-KA-526
• Citation: 287 So.3d 89
• Parties: STATE of Louisiana v. Argentina MESA
• Court: Court of Appeal of Louisiana — District of US

287 So.3d 89

STATE of Louisiana

v.Argentina MESA

NO. 18-KA-526

Court of Appeal of Louisiana, Fifth Circuit.

November 27, 2019

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Paul D. Connick, Jr., Terry M. Boudreaux, Gretna, Anne M. Wallis, Laura S. Schneidau, Emily E. Booth

COUNSEL FOR DEFENDANT/APPELLANT, ARGENTINA MESA, Sherry A. Watters, New Orleans

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, DEPARTMENT OF JUSTICE, Jeffrey M. Landry, Colin Clark, J. Taylor Gray

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Hans J. Liljeberg

JOHNSON, J.

Defendant, Argentina Mesa, appeals her convictions and sentences for sexual battery from the 24^th Judicial District Court, Division "J". For the following reasons, we affirm the convictions and sentence on count three and vacate the sentence on count two. We remand the matter with instructions.

FACTS AND PROCEDURAL HISTORY

On July 27, 2015, the Jefferson Parish District Attorney filed a bill of information charging Defendant and her co-defendant, Elvin D. Villafranca, with various sex offenses committed against known juveniles. Specifically, Defendant was charged with forcible rape of a juvenile¹ (D.O.B. 8/29/2000) in violation of La. R.S. 14:42.1 (count one), sexual battery of a juvenile (D.O.B. 8/29/2000) in violation of La. R.S. 14:43.1 (count two), and sexual battery of a juvenile under 13 years of age (D.O.B. 5/27/2005) in violation of La. R.S. 14:43.1 (count three).² Defendant pleaded not guilty to the charged offenses on August 13, 2015.

Trial commenced before a twelve-person jury on March 12, 2018.

Sexual Battery of J.C.

On March 26, 2015, Officer Duston Costa of the Gretna Police Department met with C.C. and 15-year-old J.C., who were requesting to make a complaint regarding a possible rape. He explained that J.C. had confided in C.C. that sometime in November of 2013, she went over to Defendant's house and was the victim of rape and a sexual assault by Defendant and co-defendant Villafranca. According to Officer Costa, J.C. relayed to him that Defendant had served her alcohol while in their home that day.

Detective LeBlanc was working for the Gretna Police Department when J.C. and C.C. came into the police department to file the report. J.C. explained to Detective LeBlanc that in November of 2013, when she was 13 years old, she was at Defendant's home on Newton Street when the incident occurred. J.C. further identified an individual by the name of S.B. (the victim in count three) as a potential witness to part of the incident. After obtaining J.C.'s statement, he referred her to the Children's Advocacy Center ("CAC") where an interview was conducted which was consistent with the information J.C. had provided to Detective LeBlanc. Warrants were then prepared for the arrest of Defendant and co-defendant. Pursuant to the arrest warrants, Defendant and co-defendant were arrested on additional charges and advised of their rights. Defendant and co-defendant Villafranca were transported to the Gretna Police Department where they agreed to provide statements. During the interview with Defendant, she admitted to watching J.C. at her home. But then, according to Detective LeBlanc, Defendant spent the majority of the interview "trying to slander [J.C.'s] name." During his interview with co-defendant Villafranca, he told Detective LeBlanc that Defendant would babysit children at their residence, naming several children, except for the victims in this case until specifically asked. However, neither Defendant nor co-defendant Villafranca made any inculpatory statements during their interviews.

Anne Troy, forensic nurse practitioner at the Audrey Hepburn Care Center and expert family nurse practitioner specializing in the maltreatment of children, testified that she met with J.C. on April 6, 2015. Ms. Troy's first impression of J.C. was that she had a very chaotic life filled with neglect, lack of supervision, and emotional and physical abuse. Ms. Troy further explained that J.C. possessed all the risk factors for being a child vulnerable to abuse. She explained that those who are targeted for sexual abuse have often already been labeled a liar, troublemaker, or drug user. Ms. Troy noted that when she met with J.C., J.C. was 14 years old, had recently had a baby, and had been running away from home.

In Ms. Troy's opinion, J.C. provided a clear and detailed spontaneous history of sexual abuse. She told Ms. Troy that co-defendant Villafranca picked her up one day at her grandmother's house and brought her to his house. She told Ms. Troy that S.B. was there but in another room watching television because she was not permitted to watch the show they were watching. J.C. explained to Ms. Troy that co-defendant asked her if she wanted something to drink, and she requested a soda, but instead, he brought her a glass cup filled with a clear liquid. She stated the drink burned her throat and she knew it had to be alcohol. When she confronted co-defendant about it, she stated that he laughed and brought her another drink.

J.C. told Ms. Troy that she threatened to leave, but Defendant questioned her as to how she was going to get home. J.C. recounted that she tried to go back to the room where S.B. was watching television when co-defendant Villafranca grabbed her and brought her into his room. J.C. stated that co-defendant threw her on the bed, opened her legs, and penetrated her vagina. She stated that she was crying. When he was done, he left the room, and Defendant came into the room and started touching her inside her vagina with her finger. She told Ms. Troy that Defendant told her to stop crying "because you know you liked it." It was then that J.C. got up and ran to S.B.'s room where she attempted to tell S.B. what had happened but recalled that S.B. did not believe her because Defendant and co-defendant had told S.B. she was drunk.

J.C. explained to Ms. Troy that she again tried to leave but had no way of getting home, so she fell asleep by the front door. The next day co-defendant Villafranca dropped J.C. off at her house and told her not to tell anyone because "something would happen to" her. She reported that she told C.C.³ what happened after C.C. called her and asked her if anything had happened with the defendants because something had happened to her daughter, D.V., and she knew J.C. would often visit Defendant's home.

Seventeen-year-old J.C. testified similarly at trial, explaining that she was originally born in Honduras and came to the United States with her grandmother and mother when she was one and one-half years old. She testified that she was nine years old when her mother was deported, so she lived with her grandmother. J.C. stated that her grandfather would hit her, so she often times stayed elsewhere. J.C. further testified that she now lives with her boyfriend and her two children.

J.C. testified that she was ten years old when she met Defendant at her grandmother's house. She recalled that she was very close with Defendant and often slept over at her house. On occasion she would bring S.B. with her to Defendant's house, explaining that her grandmother used to watch S.B. J.C. further recalled a time when she and S.B. stayed at Defendant's house for a week in November of 2012 or 2013 when she was 12 or 13 years old. One night during that week, when co-defendant Villafranca arrived home from work "drunk," S.B. was sent to her room because she was not old enough to watch the show that was on television due to its mature content. J.C. explained that she was sitting on the sofa with Defendant when co-defendant Villafranca asked J.C. if she wanted a drink and was handed something "clear and bubbly." J.C. informed him that she was not old enough to drink, but after encouragement by Defendant and co-defendant, she drank what was given to her. Co-defendant Villafranca then poured J.C. another glass and began laughing at J.C., stating "it's fine. It won't do you anything." J.C. explained that she began to feel ill and tried to go back to her bedroom but was brought back to the living room by Defendant.

J.C. and Defendant got into an argument because she wanted J.C. to continue drinking and later pushed J.C. Co-defendant then forced J.C. into his bedroom, refusing to let J.C. leave. J.C. asked Defendant to help her, but she refused. She testified that she was wearing the nightgown Defendant had bought her, explaining that she used to wear pajama pants, but Defendant told her "girls wear nightgowns," and instructed her to wear it that night. J.C. testified that co-defendant Villafranca pushed her onto the bed, got on top of her, and vaginally raped her. J.C. stated that when she resisted, co-defendant Villafranca hit her and told her to "shut up."

When it was over, co-defendant Villafranca left the room, and Defendant came into the bedroom and started touching J.C.'s legs and then digitally penetrated J.C.'s vagina, telling J.C. that she liked it, and "needed to learn." J.C. testified that she got up crying and ran into S.B.'s room and told her they had to leave. J.C. stated that she told S.B. what had happened, but that S.B. did not believe her because Defendant and co-defendant had told S.B. she was drunk. J.C. recalled that she became ill and vomited in the kitchen sink. She testified that Defendant followed her and told her that she was "stupid" and had to listen to her because "she knew what was best for" her and that if she gave co-defendant a baby, he would give her anything she wanted.

J.C. tried to leave the house but did not have a cellphone or a car. J.C. testified that she fell asleep by the door, and when she woke up she went back to the bed where S.B. was sleeping and fell asleep until the next morning. When J.C. and S.B. awoke, S.B. asked J.C. what had happened and why she had been drinking. J.C. tried to explain to S.B. that she does not drink, but S.B. again did not believe her. Later, the defendants dropped J.C. off at her house and threatened...