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State v. Warmack

Court of Appeals of Louisiana, Second Circuit

May 20, 2015

STATE OF LOUISIANA, Appellee
v.
LELAND WARMACK, Appellant

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court No. 86885. Honorable Ford E. Stinson, Jr., Judge.

CAREY J. ELLIS, III, Louisiana Appellate Project, Counsel for Appellant.

J. SCHUYLER MARVIN, District Attorney, JOHN M. LAWRENCE, Assistant District Attorney, Counsel for Appellee.

Before WILLIAMS, CARAWAY and LOLLEY, JJ.

OPINION

Page 425

[49,880 La.App. 2 Cir. 1] CARAWAY, J.

By amended bill of information, Leland Warmack was charged and ultimately convicted of aggravated incest and molestation of a juvenile. He was sentenced to concurrent sentences of 60 years at hard labor (aggravated incest) and 30 years at hard labor (molestation of a juvenile) each without the benefit of parole, probation or suspension of sentence. Warmack appeals alleging that the imposed sentences are excessive. We affirm.

Facts

On January 23, 2013, a mother called police to report that her 11-year-old daughter was acting strange and had written some notes alleging that Leland Warmack had inappropriately touched her, forced her to engage in sexual-related activity, shown her pornographic materials and other sexual items. The child was interviewed regarding the sexual allegations.[1] Based on this interview, a search of Warmack's home was conducted and confirmed the location of the items described by the victim.

Warmack was subsequently charged with aggravated incest in violation of La. R.S. 14:78.1[2] and molestation of a juvenile in violation of La. R.S. 14:81.2. Testimony against him included that of the investigating officers, a medical expert in child abuse examination and the victim. Additionally, two inmates housed with Warmack testified that he had admitted to them that he had sexually abused the child and that he planned [49,880 La.App. 2 Cir. 2] on punishing her for telling police about the abuse. In his defense,

Page 426

Warmack presented the testimony of his mother-in-law, one of the investigating officers and his former defense attorney. After considering the testimony and evidence, a unanimous jury convicted Warmack of both charges.

On August 4, 2014, 50-year-old Warmack was sentenced. Prior to sentencing, the trial court heard statements from the child's aunts who stated that the girl has suffered greatly as the result of defendant's actions and asked that Warmack be given the maximum sentence. Warmack's mother requested that her son be afforded probation in lieu of incarceration, which would allow him to undergo professional treatment. The court then noted its review of letters and statements submitted on behalf of the victim and defendant. Warmack was allowed to make a statement in which he denied guilt and professed his love for the child.

Thereafter the court noted its consideration of Warmack's presentence investigation report (PSI), which contained a history of his personal and criminal record. Warmack was a high school graduate and received an associate degree in business. He was married twice and was the father of two children. He suffered from Hepatitis C, cirrhosis of the liver and narcolepsy. The court took into account that at the time the crimes began, the victim was seven years old and only ten when she came forward. The court stressed that Warmack had shown no remorse for his ...


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