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State v. Robinson

Court of Appeals of Louisiana, Second Circuit

May 20, 2015

STATE OF LOUISIANA, Appellee
v.
CLAUDE B. ROBINSON, Appellant

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana. Trial Court No. 272,231. Honorable E. Joseph Bleich, Judge.

ALEX J. WASHINGTON, Counsel for Appellant.

DALE G. COX, District Attorney, SARAH S. MIDBOE HOOD, JESSICA D. CASSIDY, MEKISHA S. CREAL, Assistant District Attorneys, Counsel for Appellee.

Before BROWN, DREW, and LOLLEY, JJ.

OPINION

Page 396

[49-821 La.App. 2 Cir 1] BROWN, CHIEF JUDGE

Following a jury trial, defendant, Claude B. Robinson, was convicted of indecent behavior with a juvenile, T.W. He was subsequently sentenced to 25 years at hard labor, with credit for time served, the first two years to be served without the benefit of parole, probation, or suspension of sentence. On discharge from incarceration, defendant is to be placed on supervised release for life and must comply with the sex offender registration requirements. Defendant now appeals. For the following reasons, defendant's conviction and sentence are affirmed.

Facts

On December 9, 2008, a four-count indictment charged the 39-year-old defendant, Claude B. Robinson, with aggravated rape and three counts of molestation of a juvenile, as follows:

Count 1: from 7-22-01 to 7-22-03, he committed the AGGRAVATED RAPE of D.H., b/f, DOB 7-22-91, in violation of R.S. 14:42(A)(4) in that he had sexual

Page 397

intercourse with her without her lawful consent because she was under the age of 12 at the time;
Count 2: from 1999 to 2007, he, being over the age of 17, committed lewd and lascivious acts upon the person and in the presence of D.H., b/f DOB 7-22-91, there being more than two years age difference between them, with the intent to arouse and gratify his sexual desires and those of the said D.H., by the use of influence by virtue of a position of supervision and control over said juvenile;
Count 3: from 2000 to September 14, 2007, he, being over the age of 17, committed lewd and lascivious acts upon the person and in the presence of E.H., b/f DOB 8-14-89, there being more than two years age difference between them, with the intent to arouse and gratify his sexual desires and those of the said E.H., by the use of influence by virtue of a position of supervision and control over said juvenile;
Count 4: from 2004 to August of 2008, he being over the age of 17, committed lewd and lascivious acts upon the person in the [49-821 La.App. 2 Cir 2] presence of T.W., b/f DOB 2-1-96, there being more than two years age difference between them, with the intent to arouse and gratify his sexual desires and those of the said T.W., by the use of influence by virtue of a position of supervision and control over said juvenile.

As to count four, a jury found defendant guilty of the responsive charge of indecent behavior with a juvenile, T.W. The jury was deadlocked on the remaining three counts concerning D.H. and E.H., and a mistrial was declared as to those counts. A pre-sentence investigation was ordered, and defendant was sentenced to the maximum term as stated above. Two motions to reconsider sentence were denied. This appeal followed. Defendant urges three assignments of error, namely, sufficiency of the evidence, excessive sentence (error in denying his motions to reconsider), and violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Sufficiency of the Evidence

Defendant claims that the evidence was insufficient to support a conviction for indecent behavior with a juvenile, T.W. While he concedes that T.W.'s testimony implicates him, he claims that " there is no testimony to describe how [he] allegedly did any of these things nor when [he] did them." He complains that there is no eyewitness testimony and/or physical evidence to corroborate T.W.'s testimony.

The trial testimony established the following facts. Defendant married Andrea Mastrullo in 2001. He was 33 at the time of the marriage. Defendant and Andrea had known each other since middle school. Andrea had three young children, two boys and a girl, E.H., from a previous marriage, and [49-821 La.App. 2 Cir 3] defendant had one son. The couple was married for seven years and lived in a three bedroom home on Canal Street in Shreveport. At various times, other family members lived with the Robinsons for brief periods of time. Andrea's mother and niece, T.W., lived with the family for several years. The record indicates that Andrea held several jobs during the years they lived on Canal Street, including a night job from 6 p.m. to 8 a.m. sitting with the mentally handicapped at the Association for Retarded ...


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