280 So.3d 891
La. Ct. App.2019Background
- Collins was charged (2017) with two counts of sexual battery (different victims) and one count of indecent behavior with juveniles (relating to Count One). The conduct occurred in 2014; trial occurred October 2018.
- Jury returned: Count One — guilty of indecent behavior with juveniles as a responsive verdict to sexual battery; Count Two — not guilty of sexual battery; Count Three — guilty as charged of indecent behavior with juveniles.
- Trial court sentenced Collins to 25 years at hard labor without parole, probation, or suspension on each indecent-behavior conviction, to run concurrently; ordered sex-offender registration and treatment.
- Collins appealed only the sentences as excessive; he did not challenge factual findings or the convictions on the merits.
- Court sua sponte addressed an error patent: under State v. Schenck and statutory scheme (La. C. Cr. P. arts. 814–815), indecent behavior with juveniles is not a lesser-included offense of sexual battery; the responsive guilty verdict to Count One was therefore invalid — Count One conviction vacated and remanded per La. C. Cr. P. art. 598.
- The court affirmed the Count Three conviction and the 25-year sentence as within statutory limits and not constitutionally excessive after consideration of La. C. Cr. P. art. 894.1 factors and proportionality doctrine.
Issues
| Issue | Collins' Argument | State's Argument | Held |
|---|---|---|---|
| Whether indecent behavior with juveniles is a lesser-included offense of sexual battery permitting a responsive guilty verdict to Count One | Collins did not contest convictions on appeal; he sought relief only on sentencing (no direct defense of the responsive verdict) | The responsive verdict was permissible (implicit from trial outcome) | Court held indecent behavior w/ juveniles is not a lesser-included offense of sexual battery; Count One conviction vacated and remanded under art. 598. |
| Whether the 25-year sentence (Count Three) is excessive | Collins argued the aggregate sentence was excessive and asked for remand for lesser sentences | Sentence is within statutory range and supported by sentencing factors and victim impact; not an abuse of discretion | Court affirmed the 25-year sentence for Count Three as within statutory limits and not grossly disproportionate. |
Key Cases Cited
- State v. Schenck, 513 So.2d 1159 (La. 1987) (indecent behavior with juveniles is not a lesser-included offense of sexual battery)
- Price v. Georgia, 398 U.S. 323 (U.S. 1970) (acquittal on greater offense precludes retrial on that greater offense after conviction on lesser)
- State v. Graham, 180 So.3d 271 (La. 2015) (application of double-jeopardy principles and effect of lesser-offense verdicts)
- State v. Smith, 433 So.2d 688 (La. 1983) (trial court must consider La. C. Cr. P. art. 894.1 sentencing guidelines; articulation requirement)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (constitutional prohibition on grossly disproportionate sentences)
- State v. Weaver, 805 So.2d 166 (La. 2002) (gross disproportionality standard in sentencing review)