APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-569, DIVISION
"N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable
Paul D. Connick, Jr. Terry M. Boudreaux Andrea F. Long
COUNSEL FOR DEFENDANT/APPELLANT, ROY R. DIXON Prentice L.
composed of Judges Stephen J. Windhorst, Hans J. Liljeberg,
and Timothy S. Marcel, Pro Tempore
J. LILJEBERG JUDGE
Roy Dixon, seeks review of his sentences for one count of
production of child pornography involving a juvenile under
the age of thirteen and two counts of sexual battery upon a
juvenile under the age of thirteen. For the reasons stated
more fully below, we affirm defendant's sentences.
March 26, 2013, defendant was charged by bill of information
with one count of production of pornography involving a
juvenile under the age of seventeen in violation of La. R.S.
14:81.1 (count one) and with two counts of sexual battery
upon a juvenile under the age of thirteen in violation of La.
R.S. 14:43.1 (counts two and three). Defendant pled not
guilty on all counts on April 15, 2013. On May 15, 2017, the
State amended the bill of information to correct the offense
in count one to production of pornography involving a
juvenile under the age of thirteen. On May 16, 2017, a
twelve-person jury found defendant guilty on all counts.
August 24, 2017, the trial court sentenced defendant to 20
years imprisonment at hard labor on count one and 99 years
imprisonment at hard labor each on counts two and three, with
all counts to be served concurrently and without the benefit
of parole, probation or suspension of sentence. The
defendant's timely filed motion to reconsider sentence
first appeal, defendant argued, inter alia, that the
trial court erred by imposing excessive sentences on all
three counts. In State v. Dixon, 18-79 (La.App. 5
Cir. 8/29/18), 254 So.3d at 837-41, this Court found that
defendant's 99-year sentences imposed for his two
convictions for sexual battery of a juvenile under the age of
thirteen were constitutionally excessive. This Court vacated
defendant's sentences on counts two and three and
pursuant to La. C.Cr.P. Art. 881.4, suggested sentences of 35
to 40 years imprisonment at hard labor to run concurrently
with count one. Id. at 841. This Court also
determined that defendant's sentence for his conviction
for production of pornography involving a juvenile under
thirteen was illegally lenient. La. R.S. 14:81.1(E)(5)(b)
provides that offenders over the age of seventeen who produce
pornography involving juveniles under the age of thirteen
shall be imprisoned at hard labor for not less than 25 years
nor more than 99 years, with at least 25 years without the
benefit of parole, probation or suspension of
sentence. Therefore, this Court vacated the sentence
imposed on count one, and pursuant to La. C.Cr.P. art. 881.4,
recommended a sentence of 35 to 40 years imprisonment at hard
labor to run concurrent with the other two counts. The matter
was remanded to the trial court for resentencing on all
October 18, 2018, the trial court resentenced defendant to
imprisonment at hard labor for 80 years each on counts one,
two, and three to run concurrently, without the benefit of
parole, probation, or suspension of sentence. Defendant
objected to the sentences as excessive. On October 23, 2018,
defendant filed a motion for reconsideration of sentence,
which the trial court denied on November 29, 2018. On October
24, 2018, defendant filed a timely motion for appeal, which
the trial court granted.
reiterate the facts as stated in our previous opinion.
Defendant was often the caretaker of his two-year old sister,
L.D.,  when his mother, C.D., worked. On January
26, 2013, while watching L.D., defendant invited Rayan
Badeaux, a man he met on the Internet, to his house located
at 1402 Hancock Street in Gretna, where defendant engaged in
sexual intercourse with Mr. Badeaux. Afterwards, defendant
left the room to check on L.D. While defendant was out of the
room, Mr. Badeaux looked through defendant's cell phone
and located a video of a young toddler and an adult male who
was touching the toddler's vagina. Mr. Badeaux
immediately left defendant's house with defendant's
cell phone and went to the New Orleans Police
Department's (NOPD) Fourth District Station in New
Orleans. Because the aforesaid residence is located in the
City of Gretna, the Gretna Police Department was contacted
regarding the pornographic video on the cell phone.
Jeffrey Laborie with the Gretna Police Department met Mr.
Badeaux at the NOPD and obtained the cell phone from him. Mr.
Badeaux showed Detective Laborie one video of a small female
toddler, approximately one or two years old, with a pacifier
in her mouth. The video showed a female toddler who was
unclothed, and an adult man's hand touching her vagina.