119 So. 3d 120
La. Ct. App.2013Background
- Defendant Derrick Alexander was charged with forcible rape and indecent behavior with a juvenile in Louisiana.
- The jury convicted him of the responsive verdict of attempted forcible rape and indecent behavior with a juvenile.
- The trial court sentenced him to 20 years for attempted forcible rape and 7 years for indecent behavior, then enhanced to life without parole after a multiple-offender adjudication.
- The court vacated the initial sentences and imposed concurrent life terms after finding him a third felon offender.
- The offenses occurred on April 25–26, 2009, involving 13-year-old D.M. at M.D.’s house, where M.D. is Alexander’s wife.
- Post-verdict, the trial court denied motions for new trial and for judgment of acquittal and granted appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions | Alexander argues the victim’s statements were inconsistent and lacked physical proof. | Alexander contends inconsistencies and lack of physical evidence undermine guilt. | Sufficient evidence supported guilt; victim's account alone could sustain convictions. |
| Flight instruction propriety | State asserts flight evidence justifies jury instruction on flight. | Alexander contends no flight evidence warranted the instruction. | Flight instruction approved; any error deemed harmless. |
| Prosecutorial misconduct claim regarding perjury | State allegedly relied on false flight claims to justify instruction. | No contemporaneous objection; potential misconduct not preserved. | Waived; even if argued, no reversible error shown. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires rational juror to find guilt beyond reasonable doubt)
- State v. Hearold, 603 So.2d 731 (La. 1992) (guides sufficiency review framework in Louisiana cases)
- State ex rel. Elaire v. Blackburn, 424 So.2d 246 (La. 1982) (concerns responsive verdicts when evidence supports the charged offense)
- State v. Cornejo-Garcia, 90 So.3d 458 (La. 5th Cir. 2012) (requires appropriate jury instruction on law applicable to a case)
- State v. Smith, 864 So.2d 811 (La. 2003) (flight instruction reviewed for harmless error when supported by record)
