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State v. Fellows

Court of Appeals of Louisiana, Second Circuit

June 26, 2019

STATE OF LOUISIANA Appellee
v.
JEREMIE DOUGLAS FELLOWS Appellant

          Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana Trial Court No. 224, 719. Honorable Allen Parker Self, Jr., Judge

          LOUISIANA APPELLATE PROJECT By: Annette Fuller Roach Counsel for Appellant

          JOHN SCHUYLER MARVIN District Attorney CHARLES A. SMITH Assistant District Attorneys Counsel for Appellee

          Before PITMAN, COX, and THOMPSON, JJ.

          COX, J.

         This appeal arises from the 26th Judicial District Court, Bossier Parish, Louisiana. The defendant, Jeremie Fellows, was charged with aggravated crime against nature, in violation of La. R.S. 14:89.1. Fellows pled guilty as charged. He was sentenced in accordance with an agreed-upon sentence to serve 25 years at hard labor, without the benefit of probation, parole, or suspension of sentence. Fellows now challenges his sentence as illegal. For the following reasons, Fellows's conviction and sentence are affirmed.

         FACTS

         On August 9, 2017, Fellows was charged by bill of information with aggravated crime against nature, in violation of "La. R.S. 14:89.1(A)(6)," committed on or about June 23, 2017, wherein the victim, B.F., having the DOB of 10/11/2007, was under the age of 17 years and the offender was at least 3 years older than the victim. The bill of information also listed Fellows's DOB as 11/24/1980. Notably, there was no subsection (6) provision listed under La. R.S. 14:89.1(A), at the time of the offense, at the time the bill was entered, or at the time of the guilty plea and sentencing. Fellows initially entered a plea of not guilty.

         La. R.S. 14:89(A)(1) states that a crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex. La. R.S. 14:89.1(A) provides that aggravated crime against nature is either of the following:

(1) An act as defined by La. R.S. 14:89(A)(1) committed under any one or more of the following circumstances:
(a) When the victim resists the act to the utmost, but such resistance is overcome by force.
(b)When the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution.
(c) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(d) When as a result of an intellectual or mental disability or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity.
(e) When the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of such incapacity.
(f) When the victim is under the age of seventeen years and the offender is at least three years older than the victim.
(2)(a) The engaging in any prohibited act enumerated in Subparagraph (b) of this Paragraph with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, ...

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