from the Fourth Judicial District Court for the Parish of
Ouachita, Louisiana Trial Court No. 15F2155 Honorable Daniel
J. Ellender, Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Douglas
TIMOTHY DELEE SCHEANETTE Pro Se
S. TEW Counsel for Appellee District Attorney
S. AYCOCK Assistant District Attorney
BROWN, PITMAN, and STEPHENS, JJ.
Timothy Delee Scheanette, was convicted of second degree
battery and second degree kidnapping. For the battery,
defendant was sentenced to four and one-half years at hard
labor and ordered to pay a fine of $2, 000 plus court costs,
or serve 180 days in default thereof. For the kidnapping,
defendant was sentenced to 15 years at hard labor, with all
but four and one-half years suspended. The sentences were
ordered to be served concurrently. Defendant has appealed.
For the reasons set forth below, defendant's convictions
and sentences are affirmed.
was charged by bill of information with second degree battery
and second degree kidnapping that occurred on August 29,
2015, in Monroe, Louisiana. After an extensive on-record
discussion, the trial court granted defendant's motion to
represent himself. Defendant waived his right to a jury trial
and filed notice of his intent to present an intoxication
defense. Following a bench trial, on January 23, 2017, the
trial judge found defendant guilty as charged on both counts.
filed numerous post-trial motions, which were either
withdrawn or denied at a hearing on April 13, 2017.
Thereafter, the trial judge reviewed the pre-sentence
investigation report, and sentenced defendant to four and
one-half years at hard labor for second degree battery. For
second degree kidnapping, defendant was sentenced to 15 years
at hard labor, with all but four and one-half years
suspended, with the four and one-half years to be served
without the benefit of parole. Defendant was thereafter to be
placed on supervised probation for five years. The trial
judge ordered the sentences to be served concurrently.
Further, for second degree battery, the trial judge ordered
Scheanette to pay a fine of $2, 000 plus court costs, in
default of which he was to serve 180 days in jail, with the
fine and costs to be paid within two years once he is on
probation. The trial court denied defendant's motion to
reconsider sentence. This appeal followed, and appellate
counsel was appointed.
of the Evidence
counsel contends that the evidence was insufficient to prove
that defendant was guilty of either second degree battery or
second degree kidnapping. As to the battery, defense counsel
argues that there was no evidence that defendant
intentionally inflicted serious bodily injury on the victim.
Noting that defendant struck the victim only once, not
repeatedly, defense counsel asserts that there was only
evidence of an alleged intent to commit a simple battery. As
to the kidnapping, defense counsel claims that there was no
evidence that defendant caused physical injury to the victim
while he was allegedly kidnapping her. Rather, defense
counsel argues that at best, the evidence established that
defendant battered the victim, and then kidnapped her after
the battery was completed.
standard of appellate review for a sufficiency of the
evidence claim is whether, after viewing the evidence in the
light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime
proven beyond a reasonable doubt. Jackson v.
Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560
(1979); State v. Tate, 01-1658 (La. 05/20/03), 851
So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct.
1604, 158 L.Ed.2d 248 (2004). This standard, now
legislatively embodied in La.C.Cr.P. art. 821, does not
provide the appellate court with a vehicle to substitute its
own appreciation of the evidence for that of the fact finder.
State v. Pigford, 05-0477 (La. 02/22/06), 922 So.2d
reviewing court accords great deference to the jury's
decision to accept or reject the testimony of a witness in
whole or in part. State v. Casaday, 49, 679 (La.App.
2 Cir. 02/27/15), 162 So.3d 578, writ denied,
15-0607 (La. 02/05/16), 186 So.3d 1162. The testimony of a
victim alone is sufficient to convict a defendant. Such
testimony alone is sufficient even where the state does not
introduce medical, scientific, or physical evidence to prove
the commission of the offense by the defendant. State v.
McGill, 50, 994 (La.App. 2 Cir. 01/11/17), 213 So.3d
trial, the court was presented with the following testimony
and evidence. The victim, Courtni McDonald, testified that on
August 29, 2015, she was living with defendant at her house,
along with their eight-month-old daughter. On that date,
there were some men doing work on their house. Ms. McDonald,
defendant, and their daughter left the house and went to
Fred's Pharmacy Store. When they left the store,
defendant was driving and Ms. McDonald and the baby were in
the backseat. Defendant had been drinking that day. He had
the music on loud, and Ms. McDonald asked him to turn it
down. She eventually reached up and turned it off. Ms.
McDonald testified that defendant then said that another guy
had been flirting with her and "whispering in her
ear." Defendant got angry and began driving recklessly.
On their way home, defendant stopped at a gas station to buy
beer. Ms. McDonald got out of the car with the baby, and
asked the store clerk to call the police because defendant
was driving ...