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State v. Craft

Court of Appeal of Louisiana, Second Circuit

February 26, 2015

STATE OF LOUISIANA, Appellee,
v.
ELTON CRAFT, Appellant

Page 540

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court No. 87,345. Honorable Ford E. Stinson, Judge.

LOUISIANA APPELLATE PROJECT, By: Paula Corley Marx, Counsel for Appellant.

JOHN SCHUYLER MARVIN, District Attorney, JOHN MICHAEL LAWRENCE, JOHN W. MONTGOMERY, MARCUS RAY PATILLO, Assistant District Attorneys, Counsel for Appellee.

Before BROWN, DREW and PITMAN, JJ.

OPINION

Page 541

[49,730 La.App. 2 Cir. 1] DREW, J.

Elton Craft entered guilty pleas to two counts of indecent behavior. La. R.S. 14:81. The two victims were eight and nine years old at the time of the crimes.

The trial court imposed consecutive sentences of 20 years at hard labor, with 10 years of each sentence to be served without benefits. The defendant alleges excessiveness in this sentence. We affirm, in all respects.

FACTS

Two bills of information were originally filed, each charging the defendant with indecent behavior with a juvenile. The acts occurred between January 1 and November 9, 2012. Both bills were later amended to add aggravated incest, a violation of La. R.S. 14:78.1(D)(2). In exchange for the dismissal of the aggravated incest charges, the defendant withdrew his former pleas, waived his Boykin rights, and entered a plea of guilty to each indecent behavior charge.[1]

The prosecutor's factual basis was that the defendant, more than two years older than each victim, committed lewd or lascivious acts upon one of the children, in the presence of the other child, with each child being under the age of 17, with the intention of arousing or gratifying the sexual desires of either person.

Page 542

Additional gruesome and undisputed facts were read ...


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