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State v. Martinez

Court of Appeals of Louisiana, Second Circuit

August 14, 2019

STATE OF LOUISIANA Appellee
v.
JESUS MARTINEZ Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 326, 054 Honorable Brady D. O'Callaghan, Judge.

          LOUISIANA APPELLATE PROJECT BY: PEGGY J. SULLIVAN COUNSEL FOR APPELLANT

          JAMES E. STEWART, SR. DISTRICT ATTORNEY COUNSEL FOR APPELLEE

          KODIE K. SMITH RICHARD S. FEINBERG ASSISTANT DISTRICT ATTORNEYS

          Before WILLIAMS, STEPHENS, and THOMPSON, JJ.

          THOMPSON, J.

         This criminal appeal arises from the First Judicial District Court, Parish of Caddo, the Honorable Brady O'Callaghan, presiding. Defendant Jesus Martinez (hereinafter "Defendant") pled guilty to attempted aggravated rape, second degree kidnapping, and home invasion. The trial court sentenced Defendant to 37 years at hard labor without the benefit of probation, parole, or suspension of sentence for the charge of attempted aggravated rape; 37 years at hard labor without the benefit of probation, parole, or suspension of sentence for the charge of second degree kidnapping; and 20 years for the charge of home invasion. The sentences were ordered to be served concurrently. Defendant now appeals. For the following reasons, Defendant's sentences are affirmed.

         FACTS AND PROCEDURAL HISTORY

         On October 30, 2014, Defendant was charged by bill of information with attempted aggravated rape (violations of La. R.S. 14:27 and 14:42), second degree kidnapping (a violation of La. R.S. 14:44.1), and home invasion (a violation of La. R.S. 14:62.8). That same day, during the preliminary examination, Detective Michael Jones of the Shreveport Police Department testified, and the following evidence was adduced.

         In the early morning hours of July 5, 2014, the victim, K.C., and her roommate returned home from a nightclub. Defendant was also present at the nightclub and had tried to converse with K.C.'s roommate. As K.C. traveled home, she thought that she was being followed. Both women had been drinking while at the club, and the roommate was heavily intoxicated.

         When they got home, K.C. carried her roommate from the car into the apartment they shared. She left the door open behind her. After K.C. got her roommate into her room, K.C. walked back into the living room on her way to let her dogs outside. Much to her surprise, Defendant had followed her into the apartment. When K.C. saw Defendant, presuming she was being robbed, K.C. immediately dropped to her knees and told Defendant to take whatever he wanted. Defendant blindfolded K.C., tied her up, and took her to a bedroom in the apartment. In the bedroom, Defendant pushed K.C. onto her back on the bed, lifted up her shirt, and unhooked her bra. Defendant then pulled K.C.'s shorts and underwear down to her knees. Defendant touched K.C.'s breast, stomach, and face.

         Throughout this encounter, K.C. screamed, fought, and tried to get away from Defendant. During the struggle, Defendant led K.C. to believe that he had a gun and would use it. At some point, K.C. got her hands free and took off the blindfold. She continued to fight. Eventually, Defendant told K.C. that if she remained where she was, he would leave. Defendant then fled in a maroon Chevy Caprice. K.C. immediately armed herself with her gun. Meanwhile, K.C.'s neighbors heard her screams and called the police.

         Once the police made contact with K.C., they took a written statement from her, investigated the house, and photographed the scene. The police also contacted other witnesses. Thereafter, K.C. was taken to Willis-Knighton where she was examined. DNA was collected from the surface of K.C.'s body. From that DNA, detectives developed Defendant as a suspect. Although Defendant was never identified from the prepared photographic lineup, Defendant was subsequently questioned, arrested, and charged with attempted aggravated rape, second degree kidnapping, and home invasion.

         On March 20, 2018, the second day of jury selection in Defendant's trial, Defendant pled guilty as charged. Prior to accepting the plea, the trial court informed Defendant of his Boykin[1] rights. Defendant stated that he understood and was waiving the rights by entering a guilty plea on each of the three charges. The pleas ...


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