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
E. STEWART, SR. DISTRICT ATTORNEY COUNSEL FOR APPELLEE
K. SMITH RICHARD S. FEINBERG ASSISTANT DISTRICT ATTORNEYS
WILLIAMS, STEPHENS, and THOMPSON, JJ.
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
AND PROCEDURAL HISTORY
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.
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.
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
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.
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.
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 rights. Defendant stated
that he understood and was waiving the rights by entering a
guilty plea on each of the three charges. The pleas ...