APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-2835, DIVISION
"P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Andrea F. Long Michael D.
Smith, Jr. Lindsay Truhe.
COUNSEL FOR DEFENDANT/APPELLANT, ALEJANDRO BRAVO Bruce G.
composed of Susan M. Chehardy, Stephen J. Windhorst, and Hans
J. LILJEBERG JUDGE
appeals his conviction for sexual battery upon a juvenile
under the age of thirteen. For the following reasons, we
AND PROCEDURAL HISTORY
September 23, 2015, the Jefferson Parish District Attorney
filed a bill of information charging defendant, Alejandro
Bravo, with sexual battery upon a juvenile under the age of
thirteen by touching the victim's genitals in violation
of La. R.S. 14:43.1. On that same date, defendant was
arraigned and pleaded not guilty. On May 16 and 17, 2016, the
case was tried before a twelve-person jury, which found
defendant guilty as charged.
1, 2016, defendant filed a Motion for New Trial and a Motion
to Declare Article 782(A) Unconstitutional Because It Allows
For a Non-Unanimous Verdict. On June 2, 2016, the trial judge
denied both motions. On June 6, 2016, the trial judge
sentenced defendant to imprisonment at hard labor for thirty
years without the benefit of parole, probation, or suspension
of sentence and advised defendant of the sex offender
registration requirements. The trial judge granted
defendant's motion for appeal on June 9, 2016.
March 9, 2013, K.O. asked her mother-in-law, S.M., to take
care of her young daughters, N.R. and V.O., so she could take
her mother to a baby shower.N.R. was seven years old at that
time. S.M. and defendant, her live-in boyfriend of five
years, picked up N.R. and V.O. from K.O.'s house and
brought them back to their apartment in Metairie. N.R.
testified that she was sitting on the couch next to defendant
while S.M. was on a computer, located in the same room,
searching for a video they could watch. N.R. testified that
defendant touched her on her vagina and hurt her by putting
his finger in her vagina. N.R. complained that this hurt and
defendant moved his hand away.
also testified that defendant touched her "private"
before March 9, 2013. She remembered once that she and
defendant were alone in the kitchen at her grandmother's
house where she and her parents lived. N.R. stated she was
sitting on defendant's lap at the kitchen table. N.R.
testified that defendant touched her "private spot"
under her panties and that it hurt.
also recalled that another time, they were in the living room
at her great-grandmother's home. She explained that her
mother and father were on the couch and that defendant was
"doing it" under the blanket. N.R. said that
defendant did not hurt her that time. N.R. testified that it
was hard to remember every time defendant did this to her and
every detail from when she was seven years old; however, she
noted that she would ...