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State v. Shokr

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
SIMON A. SHOKR

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 13-80, DIVISION "J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Gail D. Schlosser Rachel L. Africk Lynn Schiffman.

          COUNSEL FOR DEFENDANT/APPELLANT, SIMON A. SHOKR Prentice L. White.

          DEFENDANT/APPELLANT SIMON A. SHOKR In Proper Person.

          Panel composed of Susan M. Chehardy, Marc E. Johnson, and Robert A. Chaisson.

         CONVICTIONS AFFIRMED; SENTENCES ON COUNTS ONE AND TWO AMENDED AND AFFIRMED AS AMENDED; SENTENCE ON COUNT THREE AFFIRMED; COMMITMENT REMANDED FOR CORRECTION

         MEJ

         SMC

         RAC

          MARC E. JOHNSON JUDGE.

         Defendant, Simon Shokr, appeals his convictions for aggravated rape, sexual battery and indecent behavior with a juvenile on the basis there was insufficient evidence. For the reasons that follow, we affirm.

         Defendant was indicted by a grand jury on February 28, 2013 and charged with one count of aggravated rape of a minor under the age of 13, in violation of La. R.S. 14:42[1] (count one); one count of sexual battery upon a minor under the age of 13, in violation of La. R.S. 14:43.1 (count two); and one count of indecent behavior with a juvenile, in violation of La. R.S. 14:81 (count three). The first two counts were alleged to have occurred between March 2008 and March 2012, when the victim was between the ages of nine and twelve. The third count was alleged to have occurred between March 2008 and October 2012, when the victim was between the ages of nine and thirteen. Defendant pled not guilty and proceeded to trial on March 2, 2016. A 12-person jury found Defendant guilty as charged on all three counts.

         The trial court subsequently sentenced Defendant to life imprisonment on count one, 50 years on count two, and seven years on count three, all to be served consecutively. All three sentences were ordered to be served at hard labor, and the sentences on counts one and two were imposed without the benefit of parole, probation or suspension of sentence. The trial court further imposed a $1, 000 fine on each count.

         FACTS

         S.K.[2] was two years old when her parents divorced in 2001. In the same year, her mother, H.K., started dating Defendant and the two moved in together. In 2005, H.K. and Defendant had a son. In October 2012, H.K. and Defendant split up, but remained friends for the sake of their son. About one week after H.K. and Defendant split up, S.K., who was in eighth grade at the time, confided in her mother that Defendant was doing inappropriate things to her, but she did not elaborate as to what exactly had happened. H.K. testified that she took no action because she was in denial. A few days later, the Department of Child and Family Services and then the Jefferson Parish Sheriff's Office contacted H.K. regarding S.K.'s sex abuse allegations.

         S.K. testified at trial that Defendant, who was a father figure to her when she was young, started abusing her sometime between second and fourth grade. She testified that Defendant touched her and did inappropriate things to her in her bedroom on many occasions. She explained that Defendant routinely came into her room, multiple times a week, when her mother was sleeping and would touch her breasts with his hands or touch her vagina. S.K. stated that Defendant would make her put her mouth on his penis and he would sometimes put his mouth on her breasts and vagina. She indicated that Defendant would kiss her and put his tongue in her mouth. She further testified that "one time he stuck his penis in [her] butt, the tip of it, and it hurt." S.K. stated that Defendant threatened to kill her with a knife from their kitchen if she told anyone.

         S.K. testified that she first disclosed the abuse to two of her friends when she was in seventh grade, but did not tell any adults because she knew "something bad would happen if [she] told." When she was in eighth grade, she confided in her boyfriend, who encouraged her to tell her mother about the abuse. Thereafter, S.K. told her mother that Defendant ...


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