Summary
The Louisiana Second Circuit affirmed Cristian Jose Vargas Borbon’s conviction for indecent behavior with a juvenile, victim under age 13, and his 12-year sentence at hard labor, including two years without benefits. The court held that the victim’s statements and trial evidence were sufficient under the Jackson v. Virginia standard to support the conviction. The court also held that the sentence was not constitutionally excessive.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt that Borbon committed indecent behavior with a juvenile under age thirteen.
- Whether Borbon's twelve-year sentence, including two years without benefit of probation, parole, or suspension of sentence, was constitutionally excessive under the Eighth Amendment and article I, section 20 of the Louisiana Constitution.
Holdings
- The evidence was sufficient to support Borbon's conviction because J.G.'s unequivocal account that Borbon touched and rubbed his private part over his clothing, if believed by the jury, established the elements of indecent behavior with a juvenile beyond a reasonable doubt.
- Borbon's twelve-year sentence was not constitutionally excessive under the Eighth Amendment or article I, section 20 of the Louisiana Constitution.
Key quotations
“J.G.’s testimony alone satisfies the elements of indecent behavior with a juvenile under La. R.S. 14:81(A)(1) and sufficiently proves Borbon’s guilt beyond a reasonable doubt.” (7)
“Borbon’s mid-range sentence for indecent behavior with a juvenile, victim under age 13, is not constitutionally excessive and is appropriate in this case.” (9)
Factual background
J.G., who was under thirteen, disclosed that Borbon, his paternal step-grandfather by marriage, touched and rubbed J.G.'s private part over his clothing. J.G. made the disclosure to his mother and later gave a forensic interview in which he described the touching on Mother's Day and similar conduct at bedtime. At trial, J.G. testified that his forensic-interview statements were true, while Borbon denied touching him inappropriately. The jury credited J.G.'s account and convicted Borbon.
Procedural history
Borbon was charged in the Twenty-Sixth Judicial District Court for Bossier Parish with indecent behavior with a juvenile under La. R.S. 14:81(A) and (H)(2). Following a joint trial involving charges concerning two sibling victims, the jury found him guilty as charged on July 11, 2024. The trial court sentenced him on December 10, 2024, to twelve years at hard labor, including two years without benefits, consecutive to a life sentence imposed in the companion first-degree-rape case. The Louisiana Court of Appeal, Second Circuit, affirmed the conviction and sentence.