Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 352568 Honorable
Ramona L. Emanuel, Judge.
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
RICHARD F. COLLINS, JR. Pro Se
E. STEWART, SR. District Attorney REBECCA ARMAND EDWARDS
JOSHUA K. WILLIAMS WILLIAM C. GASKINS Assistant District
Attorneys Counsel for Appellee
WILLIAMS, PITMAN, and McCALLUM, JJ.
us is an appeal by Richard F. Collins, who challenges his
sentences for two felony convictions. He was convicted of
indecent behavior with juveniles as a lesser responsive
verdict to a charge of sexual battery, and was convicted of
one count, as charged, of indecent behavior with juveniles.
The trial court sentenced him to twenty-five years without
benefit of parole, probation, or suspension of sentence as to
each conviction, to run concurrently. He contends the
sentences are excessive in total and asks this Court to
remand to the trial court for lesser sentences.
following reasons, we affirm the conviction and sentence for
the charged count of indecent behavior with juveniles. The
Louisiana Supreme Court has determined that indecent behavior
with juveniles is not a lesser included offense of sexual
battery. Therefore, as further delineated, the conviction for
indecent behavior with juveniles as a responsive verdict to
the charged count of sexual battery, must be vacated.
AND PROCEDURAL HISTORY
October 24, 2017, Richard F. Collins ("Collins")
was charged with two counts of sexual battery and one count
of indecent behavior with juveniles. Count One was a charge
of sexual battery of a victim under the age of thirteen.
Count Two was a charge of sexual battery of a different
victim under the age of thirteen. Count Three was a charge of
indecent behavior with juveniles pertaining to the same
victim as in Count One.
merely challenges the sentencing and does not challenge the
factual findings or evidence at trial. Since he does not
challenge the convictions, we will dispense with a protracted
review of the facts. On October 8 through October 10, 2018,
the trial court held a jury trial on the charges against
Collins. At trial, the victims and their parents gave candid
and credible testimony of the actions by Collins against the
minor victims. The prosecutor also introduced the recorded
interview by investigators of Collins which was essentially a
confession to the allegations against him. The jury found
Collins guilty on a lesser responsive verdict of indecent
behavior with juveniles as to Count One of sexual battery.
The jury found Collins not guilty as to Count Two of sexual
battery. The jury found Collins guilty as charged as to Count
Three of indecent behavior with juveniles. Subsequently,
Collins filed for a post-verdict judgment of acquittal. The
trial court denied that motion.
to a sentencing hearing, Collins filed a presentencing
mitigation statement in which he stated the following:
(1) He was 54 years old.
(2) He had no prior convictions.
(3) He has lived a substantial portion of his life without
being convicted of a crime.
(4) He neither threatened harm to the victim nor the
(5) He did not attack the character or the veracity of the