State v. Robinson

• Decision Date: 11 December 2002
• Docket Number: No. 36,147-KA.,36,147-KA.
• Citation: 833 So.2d 1207
• Parties: STATE of Louisiana, Appellee v. Antonio R. ROBINSON, Appellant.
• Court: Court of Appeal of Louisiana — District of US

833 So.2d 1207

STATE of Louisiana, Appellee v. Antonio R. ROBINSON, Appellant.

No. 36,147-KA.

Court of Appeal of Louisiana, Second Circuit.

December 11, 2002.

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Carey J. Ellis, III, Louisiana Appellate Project, Rayville, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Jason Brown, Assistant District Attorney, for Appellee.

Before GASKINS, HARRISON and DREW, JJ.

GASKINS, J.

The defendant, Antonio Rodriguez Robinson, was originally charged with forcible rape. A jury convicted him of attempted forcible rape. He was sentenced to serve 20 years at hard labor, with credit for time served, to run consecutive with any other sentence, without benefit of parole. We affirm the defendant's conviction and sentence.

FACTS

After school on May 13, 1999, the 17-year-old victim went to the Carver Street home of her friend, Latricia. Since Latricia's family did not have a telephone in their house at that time, the victim and Latricia later walked to a nearby pay phone to call the victim's mother to come pick her up. After the victim called her mother, the victim and Latricia were approached by the defendant, who was Latricia's neighbor, and Edgar Brown. The defendant—who was known by the street name "Chachi"—grabbed the victim around the waist from behind and began dragging her to his house, which was nearby. The victim broke loose but was quickly grabbed again by the defendant. She repeatedly called out to Latricia for help. Edgar blocked Latricia.

When he reached the back porch of his house, the defendant found that the back door was locked. He instructed Edgar to enter the house through the front door and unlock the back door for him. The defendant remained on the porch, restraining the victim from escaping. After Edgar unlocked the back door, the defendant dragged the victim inside and locked the door behind him. Edgar continued to frustrate Latricia's efforts to aid her friend by blocking her path.

Once inside the house, the defendant dragged the victim into a bedroom and threw her on a bed. He attempted to remove the victim's clothes but she resisted. The defendant was finally able to pull the victim's pants down to her knees. He pinned her hands above her head and pushed her legs toward her head. He then penetrated the victim. When she attempted to call for help, he placed his hand over her mouth.

When the victim emerged from the defendant's house 15 to 20 minutes after the defendant dragged her inside, she was upset and crying. She told Latricia to come on and they returned to the pay phone. She refused to tell Latricia what had happened. The victim's mother soon arrived to pick her up. Noticing her daughter's tearful demeanor, the victim's mother asked what was wrong. The victim refused to tell her. When they arrived home, the victim went immediately to the bathroom, took a bath, and then went to bed.

The next morning, the victim took another bath before going to school. After she arrived at school, she did not talk to her friends as she usually did. Latricia sought the victim out and asked what was wrong. The victim gave her note in which she stated that she had been raped. Latricia and several other friends insisted that the victim go to the school office. The victim's parents were called, and the school resource officer was notified of the situation. He, in turn, contacted the Bossier Police Department.

The victim was taken to the hospital for a rape examination. She then went to the police department and gave a taped statement. The police also spoke to Latricia and Edgar, who corroborated the victim's account. The police identified "Chachi" as the defendant.

When two officers went to the defendant's residence, they detected movement inside but no one answered the door. When one officer called the house on his cell phone, the defendant answered; he said he would come outside and talk to the officers. Instead, the defendant jumped from a side window and ran. However, he was swiftly apprehended and taken to the police station for questioning.

The defendant admitted that he had sexual intercourse with the victim but claimed that she consented. However, as the officers were leaving the interrogation room, the defendant repeatedly said he was sorry and he shouldn't have done it. The defendant was arrested for forcible rape.

Following a jury trial, the defendant was convicted of attempted forcible rape. His motions for new trial and for post verdict judgment of acquittal were denied. He was sentenced to 20 years at hard labor, without benefit of parole, to be served consecutively with any other sentence. After the defendant made an obscene gesture in the courtroom, he was held in contempt of court and given a consecutive sentence of six months. The defendant's timely motion to reconsider sentence was denied.

The defendant appeals.

SUFFICIENCY OF EVIDENCE

The defendant argues that the evidence was insufficient to support his conviction. In particular, he asserts that the victim's testimony was not supported by physical evidence, and was contradicted and impeached by two defense witnesses. The state argues that the evidence was sufficient to support the conviction, and the jury's determinations regarding witness credibility should not be disturbed.

Law

The question of sufficiency of the evidence is properly raised by a motion for post verdict judgment of acquittal. La. C. Cr. P. art. 821; State v. Gay, 29,434 (La. App.2d Cir.6/18/97), 697 So.2d 642. The defendant properly raised the issue of sufficiency of the evidence in the trial court in a motion for post verdict judgment of acquittal, which was denied by the trial court.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard for appellate review of a sufficiency of 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.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the crime. 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. Owens, 30,903 (La. App.2d Cir.9/25/98), 719 So.2d 610, writ denied, 98-2723 (La.2/5/99), 737 So.2d 747.

However, 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 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, supra.

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.

To support a conviction for attempted forcible rape, the state must prove that defendant had the specific intent to commit forcible rape and that he did an act for the purpose of, and tending directly toward, the accomplishing of his objective. La. R.S. 14:27 and 14:42.1; State v. Dorsey, 30,683 (La.App.2d Cir.6/24/98), 718 So.2d 466, writ denied, 98-2227 (La.12/18/98), 732 So.2d 54; State v. Bryant, 607 So.2d 11 (La.App. 2d Cir.1992), writ denied, 92-3082 (La.2/25/94), 632 So.2d 760; State v. Bailey, 585 So.2d 1245 (La.App. 2d Cir.1991). Specific intent, being a state of mind, need not be proved as a fact but may be inferred from the circumstances involved and the actions of the accused. State v. Graham, 420 So.2d 1126 (La.1982); State v. Dorsey, supra; State v. Bailey, supra.

The testimony of a sexual assault victim alone is sufficient to convict a defendant. State v. Ponsell, supra; State v. Bailey, supra; State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.1989), writ denied, 544 So.2d 398 (La.1989). 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. See also State v. Johnson, 96-0950 (La.App. 4th Cir.8/20/97), 706 So.2d 468, writ denied, 1998-0617 (La.7/2/98), 724 So.2d 203, cert. denied, 525 U.S. 1152, 119 S.Ct. 1054, 143 L.Ed.2d 60 (1999). An absence of forensic evidence of rape is not fatal to an attempted forcible rape case. State v. Bryant, supra.

Discussion

The testimony of the victim alone, viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime of the responsive verdict of attempted forcible rape, as well as the charged offense of forcible rape. Her testimony supports the defendant's conviction of attempted forcible rape...