94 So. 3d 870
La. Ct. App.2012Background
- Cavazos and Schmitt were convicted for Cavazos' sexual molestation of Schmitt's eight-year-old daughter, RS, with Cavazos also charged for failing to register as a sex offender.
- Charges spanned December 2007 through December 2009; Cavazos was tried separately from Schmitt after severance motions were denied.
- The State introduced evidence of Cavazos’ 1998 Florida sexual battery conviction under La. C.E. 412.2(A); other-acts evidence was contested.
- RS disclosed abuse on December 30, 2009; pediatrician and CAC interviews corroborated abuse; police and detective investigations followed, including sex-offender registrations.
- Cavazos lived at 1915 Bodinger Street with Schmitt; later moved to Texas; compliance checks and registration duties were central to the case.
- Cavazos was adjudged a second felony offender based on the Florida conviction and resentenced to 65 years concurrent with a failure-to-register sentence; Schmitt received concurrent five-year terms with probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for sexual battery and failing to register | Cavazos argues insufficient evidence. | Cavazos contends no forensic link or identification. | Evidence sufficient; convictions affirmed. |
| Admissibility of prior Florida sexual-battery conviction under 412.2 | State argues lustful-disposition evidence admissible. | Cavazos claims remote, dissimilar prior act prejudicial. | Prior conduct properly admitted; probative value outweighs prejudice. |
| Severance/joinder of co-defendants and counts | Joinder is proper; defenses not mutually antagonistic. | Severance necessary to prevent prejudice. | No abuse of discretion; joinder and trial on counts proper. |
| Excessiveness of sentence under Article 894.1 | Sentence complies with 894.1 and Habitual Offender Law. | Sentence is excessive and unwarranted. | Sentence not excessive; substantial justification shown; within range. |
| Ineffective assistance of counsel | Cavazos claims several deficient-trial-counsel actions. | No prejudice shown; record supports counsel's performance. | Record insufficient to prove ineffective assistance; claims denied. |
Key Cases Cited
- State v. Prieur, 277 So.2d 126 (La.1973) (limits on admissibility of other-crimes evidence; general rule)
- State v. Captville, 448 So.2d 676 (La.1984) (standard for resolving questions of fact and credibility in sufficiency review)
- State v. Lobato, 603 So.2d 739 (La.1992) (Art. 894.1 guidance; adequacy of factual basis for sentence)
- State v. Lanclos, 419 So.2d 475 (La.1982) (art. 894.1 articulation approach; need not be mechanical)
- State v. Jackson, 625 So.2d 146 (La.1993) (remoteness of prior acts; weight vs admissibility of 404(b))
- State v. Cortez, 687 So.2d 515 (La.App. 3 Cir.1996) (interpretation of 'intent' and 'mistreatment' in cruelty to juveniles)
- State v. Scoggins, 70 So.3d 145 (La.App. 4 Cir.2011) (admissibility of prior sex-offense evidence; lustful disposition)
- State v. Guccione, 694 So.2d 1060 (La.App. 5 Cir.1997) (joinder of offenses and prejudice considerations)