100 So. 3d 332
La. Ct. App.2012Background
- On July 15, 2010, Terry Winston and his son Christopher were indicted for two counts of aggravated rape; both pleaded not guilty.
- On April 4, 2011, the State nolle prosequi one count as to each defendant; trial proceeded to a jury.
- The jury convicted Terry Winston of forcible rape and acquitted Christopher Winston; Terry was later sentenced to 30 years at hard labor.
- Detective Barnes investigated the allegation; T.W. and her mother provided statements; forensic interview and medical exam conducted.
- S.D. testified about prior violence by Winston; T.W. was a minor; living arrangements included other family members in the home.
- Dr. Jackson testified as an expert; trial defense presented; V.W. corroboration testimony presented post-trial by State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for forcible rape | Winston's conviction rests on T.W.'s credible testimony alone. | Lack of corroboration and credibility issues render the verdict unreasonable. | Evidence sufficient; rational trier could credit victim testimony alone. |
| Error patent on sentencing | No specific argument presented; error patent acknowledged. | Challenge to sentence due to missing statutory admonitions. | Statutory correction effected by law; no action required for missing term under parole, etc. |
| Preservation of sentencing challenge | Sentencing claim should be reviewable. | Failure to file motion to reconsider forfeits appeal on sentencing. | Defendant precluded from challenging sentence on appeal. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court (1979)) (sufficiency review requires rational juror could find elements proven beyond reasonable doubt)
- State v. Williams, 800 So.2d 790 (La. 2001) (statutory restrictions deemed part of sentence when not recited at sentencing)
- State v. Comena, 843 So.2d 464 (La. App. 4th Cir. 2003) (statutory correction through sentencing provisions clarified)
- State v. Jenkins, 45 So.3d 173 (La. App. 4th Cir. 2010) (failure to file motion to reconsider precludes appellate review of sentence)