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. Andrews

Court of Appeals of Louisiana, Fourth Circuit

January 15, 2020

STATE OF LOUISIANA
v.
CHASITY ANDREWS

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 515-510, SECTION "C" Honorable Benedict J. Willard, Judge

          Leon Cannizzaro District Attorney Scott G. Vincent Assistant District Attorney COUNSEL FOR STATE OF LOUISIANA/APPELLEE

          Kevin Vincent Boshea ATTORNEY AT LAW COUNSEL FOR APPELLANT/DEFENDANT

          Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Tiffany G. Chase.

          TERRI F. LOVE JUDGE

         Defendant Chasity Andrews ("Ms. Andrews") appeals her convictions and sentences for one count of simple rape, in violation of La. R.S. 14:43 and two counts of indecent behavior with a juvenile, in violation of La. R.S. 14:81. We find the criminal district court lacked jurisdiction over Ms. Andrews to try her for the offenses of indecent behavior with a juvenile and aggravated rape. For certain enumerated offenses, where an indictment is returned alleging that the child was 15 years or older at the time of the alleged offense, the juvenile court is automatically divested of jurisdiction pursuant to La. Ch.C. art. 305(A)(1)(a). Indecent behavior with a juvenile is not among the enumerated offenses under the statute. Consequently, we find the criminal district court never had jurisdiction to try Ms. Andrews for indecent behavior with a juvenile.

         Additionally, when the State amended the indictment to reflect that Ms. Andrews was 14 years old at the time of the alleged criminal acts, the criminal district court lost jurisdiction to try Ms. Andrews on the aggravated rape charge. La. Ch.C. art. 305(A)(1)(a) only applies to those enumerated offenses which are committed when the child is 15 years or older; thus La. Ch.C. art. 305(A)(1)(a) was no longer applicable after the State amended the indictment. Further, the criminal district court lacked jurisdiction to try Ms. Andrews for aggravated rape because there was no hearing in juvenile court, in accordance with La. Ch.C. art. 857(A), to determine whether transfer of jurisdiction was appropriate. Therefore, we find the trial court lacked jurisdiction over Ms. Andrews to try her for the offenses of indecent behavior with a juvenile and aggravated rape. For these reasons, we pretermit discussion of the remaining assigned errors, vacate Ms. Andrews' convictions and sentences, and remand the matter for further proceedings consistent with this opinion.

         PROCEDURAL HISTORY AND FACTUAL BACKGROUND

         In April 2013, a grand jury indictment was filed charging Ms. Andrews with one count of aggravated rape of T.S.[1], one count of indecent behavior with a juvenile, namely, A.B. Ms. Andrews was initially listed as being 15 years old at the time of the charged offenses. A jury trial in the present matter was held from January 8, 2019, to January 17, 2019. During the course of the trial, defense counsel moved for a mistrial on January 10, 2019, and January 15, 2019, which the trial court initially granted. However, the trial court's orders for mistrial on January 10, 2019, and January 15, 2019, were reversed by the Louisiana Supreme Court and this Court, respectively.

         For the purpose of this appeal, we limit our recitation of the facts of the case to the information most relevant to this Court's findings on the issue of jurisdiction. The following testimony was elicited at trial.

         K.W. testified that he is T.S.'s stepfather and A.B. and Ms. Andrews' uncle. He stated that he married T.S.'s mother in 2004. From 2006 to 2007, after Hurricane Katrina, Ms. Andrews came to live with K.W., his wife, and T.S. While living with her uncle's family, Ms. Andrews shared a bedroom with T.S. K.W. testified that he and his wife learned about the allegations involving Ms. Andrews, T.S., and A.B., from a third-party and reported the matter to the New Orleans Police Department in December 2012.

         A.B. testified at trial that she was 17 years old and born on May 31, 2001. A.B., who was living in Texas at the time, testified that she was visiting T.S.'s family in New Orleans when a sexual encounter took place, involving herself, T.S., and Ms. Andrews. While A.B. could not recall how old she was when the incident occurred, she testified that after the matter was reported to police (several years after the incident), her forensic interview in 2013 took place and at that time she was almost 12 years old.

         T.S. testified at trial that she was 17 years old and her birthdate was April 7, 2001. T.S. similarly testified to the incident involving her cousins A.B. and Ms. Andrews. She additionally stated that over the course of the year that Ms. Andrews lived with her family, Ms. Andrews sexually abused her. T.S. further indicated that the alleged abuse stopped once Ms. Andrews moved back to Texas.

         Ms. Andrews testified in her defense at trial. Born on June 3, 1992, Ms. Andrews stated that she was 13 years old when Hurricane Katrina hit New Orleans. She moved from Texas to New Orleans, following the hurricane, and moved in with her uncle and his family. She testified that she attended John McDonogh High School in New Orleans for the 2006-2007 school year and then moved back to Texas, attending Garland High School for the 2007-2008 school year. Additionally, at trial, ...


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.