Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Singleton

Court of Appeals of Louisiana, Second Circuit

June 26, 2019

STATE OF LOUISIANA Appellee
v.
RAHEEM SINGLETON Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 352, 625 Honorable Katherine Dorroh, Judge

          LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Chad M. Ikerd

          JAMES E. STEWART, SR. Counsel for Appellee District Attorney

          WILLIAM J. EDWARDS NANCY BERGER-SCHNEIDER Assistant District Attorneys

          Before MOORE, STONE, and McCALLUM, JJ.

          MOORE, J.

         Raheem Singleton appeals his conviction of third degree rape and his sentence of 25 years at hard labor, without benefits. His appointed counsel has filed a motion to withdraw, with a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241, urging that there are no nonfrivolous issues on which to base the appeal. We affirm Singleton's conviction and sentence and grant counsel's motion to withdraw.

         FACTS AND PROCEDURAL HISTORY

         In early October 2016, the victim, 11-year-old AD, told her mother that she had been raped by Singleton while she was spending the night at her babysitter's house. Singleton was the babysitter's daughter's boyfriend. AD's mother called the police, who took AD to University Health for examination by a SANE nurse; however, the nurse found no physical evidence of trauma on AD, and a perineal swab taken from her showed no trace of male DNA.

         The next day, AD gave a videotaped interview at Gingerbread House. In this, she described staying at the babysitter's overnight, lying down on the couch to watch cartoons, when Singleton asked her to come to the bathroom with him; she declined and turned her back to the TV, but Singleton came over to the couch, pulled down AD's shorts and panties, touched her "privacy part," and then inserted his penis in it.

         Sgt. Michael Jones, of the Shreveport Police Department, testified that officers were not able to find Singleton until nearly a year later, in late September 2017. However, Singleton consented to come to the police station, where he waived his Miranda rights and gave a videotaped statement. In this, he first maintained that nothing happened between him and AD, but he eventually admitted that he had been at the babysitter's house, in Queensborough; the babysitter was his girlfriend's mother; he touched AD "in the wrong spot" while she appeared to be asleep; he then pulled down her panties, put on a condom, and inserted the tip of his penis into her vagina; and this lasted about five minutes. He also said he stopped because he knew it was "not right."

         The following day, AD, by then 12 years old, instantly and confidently picked Singleton's picture from a photo lineup.

         The state charged Singleton with first degree rape, La. R.S. 14:42 A(4), in which the victim was under the age of 13. At a pretrial hearing in March 2018, the court found that AD's Gingerbread House interview complied with La. R.S. 15:440.1-440.6 and that Singleton's statement to police was freely and voluntarily given. Both videos were admitted at Singleton's trial, in July 2018. In addition, various witnesses testified as outlined above. The 12-member jury found Singleton guilty of the lesser included offense of third degree rape, La. R.S. 14:43. At sentencing, in August 2018, the court noted the statutory range of up to 25 years at hard labor, all without benefits, but found that the jury had "compromised," the evidence actually proved first degree rape, and several aggravating factors applied. The court sentenced him to the maximum, 25 years at hard labor, without benefits. The court denied a motion to reconsider.

         Singleton took this appeal, and counsel from the La. Appellate Project was appointed to represent him. In this court, counsel filed a motion to supplement the record with the transcript of the March 2018 hearing, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.