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State v. Stephenson

Court of Appeals of Louisiana, Second Circuit

November 15, 2017

STATE OF LOUISIANA Appellee
v.
TROY STEPHENSON Appellant

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 333, 018 Honorable Katherine Dorroh, Judge

          LOUISIANA APPELLATE PROJECT Douglas Lee Harville for Appellant

          JAMES E. STEWART, SR. District Attorney for Appellee

          TOMMY J. JOHNSON TRENEISHA HILL JASON WALTMAN Assistant District Attorneys

          Before MOORE, GARRETT, and BLEICH (Pro Tempore), JJ.

          GARRETT, J.

         The defendant, Troy Stephenson, was convicted of sexual battery of the teenage daughter of his live-in girlfriend. The trial court sentenced him to 10 years at hard labor without benefit of parole, probation, or suspension of sentence. The defendant appeals, contending that the evidence was insufficient. We affirm the defendant's conviction and sentence.

         FACTS

         On May 23, 2009, 12-year-old J.B.[1] reported to relatives that a man had grabbed her and touched her breasts, stomach, and vagina at a family party. The Shreveport Police Department ("SPD") was called, and the defendant, a family friend, was arrested. However, the case was eventually closed due to lack of cooperation by J.B.'s family.

         On May 28, 2015, the mother of 17-year-old C.H. reported to the police that her daughter had just informed her that the defendant, the mother's live-in boyfriend, had engaged in sexually inappropriate behavior with the girl on several occasions. The defendant was arrested and charged with sexual battery. After the investigating detective learned of the prior incident involving J.B., the defendant was additionally charged with one count of indecent behavior with a juvenile under the age of 13.

         On January 10, 2017, the defendant was tried on both charges. The jury acquitted him of the indecent behavior charge involving J.B., but convicted him of the sexual battery of C.H. A motion for post-verdict judgment of acquittal was denied. The trial court sentenced the defendant to 10 years at hard labor without the benefit of parole, probation or suspension of sentence. A motion to reconsider sentence was denied.

         The defendant appeals, asserting insufficient evidence to convict him of the charge of sexual battery.

         SUFFICIENCY ...


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