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.
E. STEWART, SR. Counsel for Appellee District Attorney
WILLIAM J. EDWARDS NANCY BERGER-SCHNEIDER Assistant District
MOORE, STONE, and McCALLUM, JJ.
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.
AND PROCEDURAL HISTORY
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.
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.
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
following day, AD, by then 12 years old, instantly and
confidently picked Singleton's picture from a photo
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
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 ...