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
SCHUYLER MARVIN District Attorney CHARLES A. SMITH Assistant
District Attorneys Counsel for Appellee
PITMAN, COX, and THOMPSON, JJ.
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.
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.
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
(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,