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State v. Johnson

Court of Appeals of Louisiana, Second Circuit

May 20, 2015

STATE OF LOUISIANA, Appellee
v.
JEREMY D. JOHNSON, Appellant

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana. Trial Court No. 194838. Honorable Ford E. Stinson, Judge.

William R. Thornton, LOUISIANA APPELLATE PROJECT, Counsel for Appellant.

JOHN SCHUYLER MARVIN, District Attorney, JOHN MICHAEL LAWRENCE, SANTI A. PARKS, Assistant District Attorneys, Counsel for Appellee.

Before STEWART, DREW and PITMAN, JJ.

OPINION

Page 1171

[49,848 La.App. 2 Cir. 1] DREW, J.

Jeremy Johnson attacks his conviction and sentence for his guilty plea to the crime of attempted aggravated rape. He correctly urges that his Sixth Amendment rights were violated by prosecutorial actions taken against him after he was adjudicated incompetent to proceed and without the court subsequently finding him competent.

We are constrained to vacate all actions at the trial level on and after November 12, 2013, specifically including his conviction and sentence.

I. Salient Early Chronology of Events

In early June of 2012, the defendant, then 22 years of age, was arrested for sexually abusing a child previously that month.

On June 8, 2012, the defendant was provided a lawyer.

On October 15, 2012, the defendant was indicted for the crime of aggravated rape.

On October 24, 2012, through counsel, the defendant filed an application for the appointment of a sanity commission, urging that he was suffering from a mental disease or defect that precluded his ability to understand the proceedings or to assist counsel with his defense.

On that date, the trial court ordered the requested sanity commission and appointed two ...


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