midpage
100 So. 3d 332
La. Ct. App.
2012
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: State v. Winston
Court Name: Louisiana Court of Appeal
Date Published: Sep 12, 2012
Citations: 100 So. 3d 332; 2011 La.App. 4 Cir. 1342; 2012 WL 4021702; 2012 La. App. LEXIS 1142; No. 2011-KA-1342
Docket Number: No. 2011-KA-1342
Court Abbreviation: La. Ct. App.
Log In