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State v. Green

Court of Appeals of Louisiana, Second Circuit

April 15, 2015

STATE OF LOUISIANA, Appellee
v.
JUSTIN KEITH GREEN, Appellant

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Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court No. 85685. Honorable John Robinson, Judge.

ASHLEY PAGE, Counsel for Appellant.

J. SCHUYLER MARVIN District Attorney, C. SHERBURNE SENTELL, III MARCUS RAY PATILLO, JOHN M. LAWRENCE, Assistant District Attorneys, Counsel for Appellee.

Before MOORE, LOLLEY and PITMAN, JJ.

OPINION

Page 335

[49,741 La.App. 2 Cir. 1] MOORE, J.

The defendant, Justin Keith Green, was convicted of the computer-aided solicitation of a minor, in violation of La. R.S. 14:81.3. He was sentenced to serve 10 years' imprisonment at hard labor, without the benefit of parole, probation, or suspension of sentence. The defendant appealed, urging three assignments of error. For the following reasons, we affirm.

FACTS

The victim's mother, Robin Wells, contacted the Springhill Police Department after learning that her 12-year-old daughter, D.M., had been contacted on Facebook by an adult male. Thereafter, she provided Detective Bryan Montgomery of the Springhill Police Department and the Internet Crimes Against Children Task Force with her daughter's Facebook account information and her cell phone. Det. Montgomery discovered that the defendant, Justin Green, was on D.M.'s Facebook list of " friends." Green's public profile page on Facebook reflected a series of messages between D.M. and Green, as well as a photograph showing D.M., Green, and others on a merry-go-round. Green later denied that he was the person in the photograph, and he did not recall any conversations with D.M. He did recall some of the other conversations reflected by the Facebook profile. Det. Montgomery located a " contact" on D.M.'s cell phone named " Justin Green." While he was in possession of D.M.'s phone, on May 23, 2012, a text message from " Justin Green" was received. The message asked: " You want to do something, you want to go hang out, you want to do something." Det. Montgomery then surreptitiously engaged in a text message conversation with Green, posing as D.M. Green suggested that the two [49,741 La.App. 2 Cir. 2] could hang out at the park, or they could go to a pond and D.M. could go swimming. The conversation continued as follows:

D.M.: Y only me
Green: I don't look good in trunks
D.M.: Well I don't look good in a suit
Green: Then don't wear one and I won't look
D.M.: Lol yea right

Green then suggested that D.M. could swim with her clothes on, but Det. Montgomery/D.M. responded that, " then I would be wet walkin home."

The conversation continued:

Green: Then what are we going to do then.
D.M.: U tell me
Green: I want some head but I can't get some from you :(
D.M.: Y

Page 336

Green: I didn't think you would??
D.M.: Y
Green: So would you
D.M.: If u want me 2
Green: Yea

At Green's request, a photograph of D.M. was sent to his cell phone. He suggested that the two meet at the park in approximately one hour and sent a photograph of himself to D.M. Green also agreed to bring a condom to their meeting place, at the request of Det. Montgomery/D.M. Green changed the meeting location to the post ...


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