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State v. Mays

Court of Appeals of Louisiana, Second Circuit

August 16, 2017

STATE OF LOUISIANA Appellee
v.
CAMERON KINTE MAYS Appellant

         Appealed from the Third Judicial District Court for the Parish of Lincoln, Louisiana Trial Court No. 63487 Honorable Thomas Wynn Rogers, Judge

          LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel for Appellant.

          CAMERON KINTE MAYS JEFFREY M. LANDRY Attorney General Counsel for Appellee.

          JOHN MICHAEL RUDDICK Assistant Attorney General.

          Before BROWN, DREW, and PITMAN, JJ.

          DREW, J.

         A jury convicted Cameron Kinte Mays, as charged, for three crimes;

• Aggravated rape, La. R.S. 14:42;[1]
• Aggravated kidnapping, La. R.S. 14:44; and
• Possession of a firearm by a convicted felon, La. R.S. 14:95.1.

         For the aggravated rape and aggravated kidnapping convictions, he was sentenced on each to life at hard labor, without benefits.

         On the firearm conviction, he was sentenced to 20 years at hard labor, without benefits. The three sentences were ordered to be served concurrently.

         He appeals. We affirm the convictions and sentences. We remand for compliance with sex offender notification requirements.

         FACTS

         In 2012, S.K. and her roommate, Emily, were students at Louisiana Tech University, living together in their Robert Street home in Ruston.

         On June 3, 2012, the two girls visited a friend in Bastrop, then returned to Ruston in the early evening hours. After watching television, Emily left to go to her sister's home. S.K. fell asleep on the sofa in her den, in the back of the house, At trial, S.K. testified:

• in the early morning hours, she was awakened by voices in her home;
• she assumed that Emily had returned with her boyfriend;
• she reached for her phone that had been on the coffee table, but it was gone;
• she got up and started toward her bedroom;
• as she walked past the kitchen, someone jumped from behind the cabinets and grabbed her, covering her mouth and putting a gun to her head;
• she could discern two distinct voices of the intruders;
• the man who grabbed her was her height or a little taller, black, and had a bandanna over his face from the nose down;
• while she did not get a clear view of the men, she saw in her peripheral vision that the second man was bigger than the man who grabbed her;
• the second man did not make physical contact with her;
• she was forced to the couch and tied with a cord;
• her head was covered with a blanket;
• when asked for a condom, she directed the man to her bedroom nightstand;
• he took off her shorts and underwear and had sex with her, with penetration;
• she did not fight because she was afraid her attacker would shoot her;
• after the rape, the rapist uncovered her face, showed her an ATM card and asked if it was hers, and she confirmed;
• she was then placed in the passenger seat of her white Mustang;
• the rapist drove and she was the only other person in the car;
• her impression was that, upon leaving her house, the rapist turned left;
• she also later felt the vehicle cross a railroad track;
• he drove her to an abandoned house, where her attacker made her drive to an ATM while he sat in the backseat with the gun to her head;
• she withdrew the maximum allowed, about $500, and gave it to the attacker;
• she was instructed to drive back to her house on Robert Street;
• she was then put back into the passenger's seat, the blanket was again put over her head and her hands were tied behind her back;
• the rapist then drove to an unknown location and exited the car;
• he got back in the car and drove them back to Robert Street, where he again got out of the car;
• he opened the trunk and had no more contact with her;
• she sat in the car for a few minutes;
• when she realized he was gone, she untied herself and ran into the house;
• as her phone was gone, she locked herself in her bedroom;
• she sent a Facebook message to Emily, requesting her to come home; and
• she did not shower between the rape and her later hospital examination.

         S.K.'s roommate, ...


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