The 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. State v. Hotoph, 99-243 (La.App. 5th Cir.11/10/99), 750 So.2d 1036, 1045, writ denied, 99-3477 (La.6/30/00), 765 So.2d 1062 and 00-0150 (La.6/30/00), 765 So.2d 1066; State v. Hawkins, 99-217 (La.App. 5th Cir.7/2/99), 740 So.2d 768, 769; State v. Hubbard, 97-916 (La.App. 5th Cir.1/27/98), 708 So.2d 1099, 1104, writ denied, 98-0643 (La.8/28/98), 723 So.2d 415.The 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.
Trial judges have wide discretion in the imposition of a sentence. State v. Lefeure, 02-592, p. 5 (La.App. 5 Cir.10/29/02), 831 So.2d 398, 402; State v. Hawkins, 99-217, p. 5 (La.App. 5 Cir.7/2/99), 740 So.2d 768, 771. The sentence imposed by the trial court will not be set aside absent a showing of manifest abuse of that discretion.
See, e.g., State v. Brown, 956 So.2d 53 (La. App. 2nd Cir. 2007) (20-year sentence imposed on 19 year old first offender who used a gun to threaten victims); State v. Taves, 861 So.2d 144 (La. 2003) (25 years in prison not excessive for defendant who used a gun throughout the kidnapping). State v. Hawkins,740 So.2d 768, 771 (La. App. 5th Cir. 1999) (30-year sentence imposed on first-offender with some prior criminal background); State v. Washington, 670 So.2d 1255 (La. App. 5th Cir. 1996) (40-year sentence imposed where defendant had a gun during kidnapping).
Louisiana courts have affirmed life sentences for aggravated kidnapping. See, e.g., State n Gibson, 15-1390 (La. App. 4 Cir. 7/6/15), 197 So.3d 692, writ not considered, 15-1530 (La. 6/5/17), 219 So.3d 337; State v. Lebreton, 03-321 (La. App. 4 Cir. 10/8/03), 859 So.2d 785, 798, writ denied, 03-3176 (La. 3/26/04), 871 So.2d 345; State v. Hawkins, 99-217 (La. App. 5 Cir. 7/2/99), 740 So.2d 768; and State v. Spitz, 93-2070 (La. App. 1 Cir. 12/22/94), 650 So.2d 271, writ denied, 95-742 (La. 9/1/95), 658 So.2d 1269.These cases do not involve a defendant who was a juvenile at the time of the offenses, however.
The credibility of the witness is a matter of weight, and not sufficiency, of the evidence, and the determination of credibility is left to the trier-of-fact's sound discretion and will not be re-weighed on appeal. State v. Dixon, 04-1019 (La.App. 5 Cir. 3/15/05), 900 So.2d 929; State v. Hawkins, 99-217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768.State v. Navarre, 15-920, p. 2 (La.App. 3 Cir. 4/6/16), 188 So.3d 478, 480, writ denied, 16-800 (La. 5/1/17), 220 So.3d 742.
The credibility of the witness is a matter of weight, and not sufficiency, of the evidence, and the determination of credibility is left to the trier-of-fact's sound discretion and will not be re-weighed on appeal. State v. Dixon, 04–1019 (La.App. 5 Cir. 3/15/05), 900 So.2d 929; State v. Hawkins, 99–217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768. The victim, C.M., who was sixteen at the time of trial, testified that between the sixth and eighth grades he attended St. Genevieve School.
The defendant then drove the victim and a passenger away from the scene to the victim's girlfriend's apartment where the defendant and his companion committed aggravated burglary. In State v. Hawkins, 99–217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768, 771, the defendant, a first-time offender, appealed only the excessiveness of his thirty-year sentence for a second degree kidnapping conviction. Although the defendant was a first-time offender, this Court noted that the defendant had a criminal background.
The 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. State v. Hawkins, 99–217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768, 769. In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness' testimony, if believed by the trier of fact, is sufficient support for a requisite factual finding.
The 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. State v. Hotoph, 99-243 (La.App. 5th Cir.11/10/99), 750 So.2d 1036, 1045, writ denied, 99-3477 (La. 6/30/00), 765 So.2d 1062 and 00-0150 (La. 6/30/00), 765 So.2d 1066; State v. Hawkins, 99-217 (La.App. 5th Cir.7/2/99), 740 So.2d 768, 769; State v. Hubbard, 97-916 (La.App. 5th Cir.1/27/98), 708 So.2d 1099, 1104, writ denied, 98-0643 (La. 8/28/98), 723 So.2d 415. State v. M.J.S., 916 So.2d at 1219.
In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness' testimony, if believed by the trier of fact, is sufficient support for a requisite factual finding.State v. Hawkins, 99-217 (La.App. 5 Cir. 7/2/99), 740 So.2d 768, 769.State v. Ruffin, 02-798 (La.App. 5 Cir. 12/30/02), 836 So.2d 625, 630, writ denied, 03-3473 (La. 12/10/04), 888 So.2d 831.