from the Second Judicial District Court for the Parish of
Claiborne, Louisiana Trial Court No. 30, 270 Honorable
Jennifer Ward Clason, Judge.
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
W. NEWELL District Attorney Counsel for Appellee.
T. BROWN TERESA CULPEPPER CARROLL Assistant District
MOORE, PITMAN, and DREW (Ad Hoc), JJ.
Demarcus S. Payton was convicted of aggravated rape,
unauthorized entry of an inhabited dwelling and simple
escape. The trial court sentenced him to life imprisonment at
hard labor without benefit of probation, parole or suspension
of sentence for the conviction of aggravated rape; six years
at hard labor for the conviction of unauthorized entry of an
inhabited dwelling; and five years at hard labor for the
conviction of simple escape. The trial court ordered that the
sentences for aggravated rape and unauthorized entry of an
inhabited dwelling be served concurrently with each other and
that the sentence for simple escape be served consecutively.
For the following reasons, we affirm Defendant's
convictions and sentences, but order the minute entry amended
and remand for compliance with La. R.S. 15:543.
17, 2014, Defendant was indicted for aggravated rape, in
violation of La. R.S. 14:42; unauthorized entry of an
inhabited dwelling, in violation of La. R.S. 14:62.3; and
simple escape, in violation of La. R.S. 14:110(A)(1). The
indictment alleged that on or about June 16, 2014, Defendant
committed the rape of C.C., made entry without authorization
into the inhabited dwelling and home of C.C. and
intentionally departed from a place of legal confinement and
lawful custody of a law enforcement officer. On August 5,
2014, Defendant entered pleas of not guilty to the charges.
trial commenced on February 29, 2016. During jury selection,
the trial court denied four challenges for cause asserted by
testified that in the early morning of June 16, 2014, a man
approached her while she was sitting on her front porch. She
stated that she had never seen this man before and identified
him in open court as Defendant. She further stated that he
made inappropriate sexual comments to her, which frightened
her. She went inside her house, locked the exterior doors,
grabbed a knife and called the Claiborne Parish Sheriff's
Office. Chief Anthony Smith of the Haynesville Police
Department responded to her home. After Chief Smith left in
search of Defendant, C.C.'s ex-boyfriend came to her
house. She stated that they observed Defendant standing in
the street in front of her house; and, at 2:22 a.m., she
informed Chief Smith by text. She noted that her ex-boyfriend
left her house at approximately 5:00 a.m. and then she went
to sleep on her couch.
testified that she was awakened by a man with his hand over
her mouth and a knife to her throat. She feared for her life
and the lives of her children, who were home and asleep at
the time. She stated that the man forced her to perform oral
sex on him, that he performed oral sex on her and that he
raped her vaginally and anally. The man brandished a knife at
her, struck her in the forehead and threatened to kill her
and her children. She testified that the man stopped raping
her and left her home when one of her children woke up at
approximately 7:00 a.m.
further testified that she went to the hospital and underwent
an examination. Morgan Matlock, a forensic nurse examiner and
certified sexual assault nurse examiner, testified that she
examined C.C. and collected swabs from her body and
genitalia. Candace Jones, a forensic DNA analyst with the
North Louisiana Criminalistics Laboratory, testified that DNA
recovered on swabs from C.C. was consistent with a reference
sample from Defendant or a male in his paternal lineage.
Trent Crook of the Haynesville Police Department testified
that he obtained a warrant for the arrest of Defendant on
June 17, 2014. He stated that at 1:00 a.m. on June 18, 2014,
he located Defendant, placed him under arrest, advised him of
his rights and secured him in handcuffs. He then transported
Defendant to the Haynesville Police Department. As he walked
Defendant to another patrol unit to transfer him to the
Claiborne Parish Detention Center, Defendant ran away.
Officer Crook stated that he chased ...