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She stated she was never aware of any problems between Defendant and her daughter until July 2011, when a relative of Defendant came to her and asked if the victim had had any problems with Defendant. Although the victim stated she had told a friend about what was occurring when she was fifteen years old, she never told her mother or her father, whom she saw every other weekend, about Defendant's behavior. However, in denying Defendant's motion for new trial, which argued this same issue, the trial court stated: Mr. 11/10/99), 750 So.2d 1036, writs denied, 99–3477, 00–150 (La.6/30/00), 765 So.2d 1062, 1066. He further asserts that the trial court erred when it denied his “Motion for Arrest of Judgment” based on this allegation of error. The indictment must contain all the elements of the crime intended to be charged in sufficient particularity to allow the defendant to prepare for trial, to enable the court to determine the propriety of the evidence that is submitted upon the trial, to impose the appropriate penalty on a guilty verdict, and to protect the defendant from double jeopardy. However, Defendant does not assert that he was unable to prepare for trial because of the alleged defect or show that he was prejudiced by the said defect. The trial court was also cognizant of the fact that the defendant was married for several years, had medical problems, and took care of his ailing mother and her husband. The second circuit noted that over the ten years that the defendant abused the victim, the acts of abuse escalated from touching when the victim was five or six to anal intercourse when she was fifteen. .1(D)(1)'s sentencing range of 5 to 20 years with or without hard labor with a fine not to exceed ,000. As discussed, supra, the trial court thoroughly detailed the aggravating and mitigating factors it considered when deciding on Defendant's sentence. It determined that the acts performed in Count One and the acts performed in Counts Two and Three were distinguishable and not an ongoing crime. later and was told that nothing sexual had occurred. Wileman was called to speak with the police regarding the first victim, S. told her mother that “things” had happened between her and her step-father. Wileman said that by this time, Defendant had already moved out of the house. She testified it continued until junior high school; “[S]ometimes multiple times a week.” She stated that when he was in bed with her, she was aware of his erect penis. The State could have questioned the victim with more specificity regarding the alleged events of sexual abuse. Defendant has failed to explain how the jury was tainted by the allegation of count one when considering the remaining counts. ASSIGNMENT OF ERROR NUMBER FOURDefendant alleges that counts two through six of the indictment failed to charge the crime of aggravated incest in that it did not include an essential element of the crime; therefore, the indictment was defective. A defendant ordinarily cannot complain of the insufficiency of an indictment after verdict “unless it is so defective that it does not set forth an identifiable offense against the laws of this state, and inform the defendant of the statutory basis of the offense.” State v. While it is a little unclear what essential element was missing from the indictment, which is set out in verbatim in assignment of error number one above, Defendant is asserting that “to whom he is related” was not sufficient because the statute limited the scope to certain relationships, and the indictment did not specifically state that the victim was his “stepdaughter”; therefore, the indictment was defective. ASSIGNMENT OF ERROR NUMBER FIVEFor his fifth assignment of error, Defendant argues that it was error for him to have been tried by a jury of twelve on counts two through six when, pursuant to La. This court affirmed the convictions but vacated the sentences as the sentences were indeterminate as imposed. It noted that the victims' were vulnerable due to their ages and that they experienced significant emotional distress and psychological scarring. It recognized that the defendant had no prior criminal record and that he would likely respond to probationary treatment. After looking at whether the forty-five year sentence was excessive and determining it was not, the second circuit looked to whether it was error for the trial court to impose consecutive sentencing in the case. 883.․During the resentencing hearing, the trial court specifically noted that particular justification was required for imposing consecutive sentences for crimes arising out of a single course of conduct. The State argued that it was permissible to join count one in the same indictment with counts two through six. In the current case, Defendant failed to show how he was prejudiced by having his case decided by a unanimous twelve-person jury. Your acts here violated in my opinion, the most sacred institution—the family, and the trust family members have one for another. 11/2/06), 941 So.2d 686, the defendant was convicted of two counts of aggravated incest and one count of attempted aggravated incest. 12/8/10), 52 So.3d 1021, the defendant impregnated his daughter after having sexual intercourse with her starting when she was twelve or thirteen years old. A., Sr., 47 So.3d 34, the defendant was convicted of molestation of a juvenile and attempted aggravated incest and received five years on both convictions, to be served concurrently. He was also convicted of molestation of one of his step granddaughters, and a third sexual offense was dismissed. She did not testify that he forced her to touch him, have oral sex with him, or that he penetrated her with his finger or any other instrumentality. Defendant perpetrated the crime against someone he had essentially raised as a daughter. 3 (La.2/22/06), 922 So.2d 508, 511, [the supreme court] held that the error in trying a six-person jury offense in a 12–person jury forum no longer constitutes a non-waivable structural defect in the proceedings but “falls within the vast category of trial errors which are subject to harmless error analysis and which warrant reversal only where the defendant is actually prejudiced.”Id. ASSIGNMENT OF ERROR NUMBER SIXDefendant argues that the sentences are excessive, both in magnitude and “with respect to Defendant receiving maximum sentences, consecutive to each other, on Counts Two and Three.” Defendant received the maximum sentences of twenty years imprisonment on counts two and three, to be served consecutively for a total of forty years. You, you are to be the leader of the family, providing guidance and foundation, and your acts here, in my opinion, and as I said, I find the witness credible and I agree with the jury's verdict. 12/5/07), 973 So.2d 145, writ denied, 08–165 (La .6/20/08), 983 So.2d 1271, the defendant pled guilty to aggravated incest after he impregnated his fifteen-year-old stepdaughter. In the current case, the victim testified that Defendant touched her on her breast and rubbed her vagina. At 18 years old, the victim may not legally have been a minor, but she was a young and callow girl. Defendant has perfected a timely appeal, wherein he alleges:1. The statute enumerates a list of relatives who may be victims of the offense and specifies that the offender must be aware of his relationship to the victim.

Downs, District Attorney, Monique Yvette Metoyer, Assistant District Attorney, Alexandria, LA, for Appellee, State of Louisiana. After waiving all delays, Defendant was sentenced on the same date to twenty years at hard labor on counts two and three, to be served consecutively; and ten years at hard labor each on the remaining counts, to be served concurrently with each other and with the two consecutive twenty-year sentences, for a total term of imprisonment of forty years. 2/13/09), 6 So.3d 237, 240, reversed on other grounds, 09–578 (La.5/11/10), 35 So.3d 1065, the first circuit discussed the elements of aggravated incest, as follows: The State must prove several elements to establish the offense of aggravated incest. Aggravated incest is the engaging in any prohibited act enumerated in Subsection B with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece. The following are prohibited acts under this Section:(1) Sexual intercourse, sexual battery, aggravated sexual battery, carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile, crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or any other involvement of a child in sexual activity constituting a crime under the laws of this state. Further, the trial court erred when it denied Defendant's Motion For Arrest of Judgment which was based, in part, on this issue.4. The Indictment omitted an essential averment in Counts Two through Six such as they did not charge the crime of aggravated incest and therefore, the indictment can not serve as a basis for valid sentences. 4/11/01), 786 So.2d 805, 810, writ denied, 01–1377 (La.3/28/02), 812 So.2d 646), this court noted that “[t]he testimony of the victim alone can be sufficient to establish the elements of a sexual offense, even where the State does not introduce medical, scientific or physical evidence to prove the commission of the offense.” Additionally, “[t]he credibility of a witness, including the victim, is within the discretion of the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness.” Id. Doughty, 379 So.2d 1088 (La.1980)․ However, an accused who commits separate and distinct offenses during the same criminal episode or transaction may be convicted and sentenced for each offense without violating the prohibition against double jeopardy. The jury did acquit Defendant of the charge of aggravated incest of J. Now, Defendant argues that he was prejudiced by the trial court's ruling because “the request for the directed verdict was, in fact, correct .”However, a directed verdict is a procedural device used in civil cases. Count one involved one victim, and the remaining five counts involved a different victim. U., testified that when she was approximately ten years old, Defendant hugged her from behind as she sat in a chair playing on a computer. According to the indictment, the offenses charged in counts two through six occurred between 19. The girls would refuse or hide in the house and call for a parent to come and get them. This court affirmed, finding as follows: The trial court set forth several aggravating factors. While it is within the trial court's discretion to impose sentences consecutively in an appropriate “scheme or plan” case, in the instant matter, the imposition of a 56–year term without parole is out of proportion to the offense and appears to impose a purposeless and needless infliction of pain and suffering. at 902–04 (case citations omitted)(footnote omitted). The second circuit vacated the sentences and remanded for the trial court to “reevaluate and address which of these counts represent a separate and distinct crime and impose consecutive and concurrent terms in a more appropriate fashion.” Id. In Humphries, 124 So.3d 1177, the defendant was convicted of three counts of aggravated incest committed against his stepdaughter. ASSIGNMENT OF ERROR NUMBER TWODefendant argues that the trial court erred when it denied his oral motion for a directed verdict at the close of the State's case on count number one, which charged him with aggravated incest of the second victim, J. He argued that the evidence was insufficient to sustain a conviction for the reason that the victim, who was his brother's granddaughter and, therefore, his grand-niece, was not listed as a “relative” under the incest statute. There were six counts of aggravated incest alleged. At the time, the offense required a six-person jury. The facts as presented at trial showed that during their “play” he would pretend to bandage the “bo-bos” on their legs, and, as he did so, he would reach under their pants and touch their vaginas, both over and under their panties. He wanted them to play “dare” to take off their clothes and do what the people in the movie did. 10/31/07), 968 So.2d 1164 (alterations in original)(footnote omitted), having received the same prison terms, the defendant again alleged excessiveness considering his age and health. Generally, when a defendant is convicted of two or more offenses arising out of a single course of conduct, concurrent sentences are not mandatory, and it is within a trial court's discretion to order sentences to run consecutively rather than concurrently. However, defendant's activities all formed a part of a single scheme or plan, something that the trial court did not adequately address at sentencing. When you're five years old, I mean, shame, humiliation, you don't want to destroy the familiar relationship within which you find yourself, maybe when you're that young you don't recognize the economical situation, but still, it does have a lasting effect on you because, in especially in a case like this where it's a stepfather type situation. Although defendant's video voyeurism does not involve any physical contact or violence, it is nonetheless a reprehensible violation of a personal nature.