FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, 24557-14 HONORABLE GUY E. BRADBERRY, DISTRICT
Foster DeRosier District Attorney - Fourteenth Judicial
District Karen C. McLellan Assistant District Attorney
COUNSEL FOR APPELLEE: State of Louisiana
M. Ikerd Louisiana Appellate Project COUNSEL FOR APPELLANT:
Javonta Jermel Harrison
composed of Sylvia R. Cooks, Billy H. Ezell, John E. Conery,
H. EZELL JUDGE.
Javonta Jermel Harrison, was indicted on September 18, 2014,
for aggravated burglary, a violation of La.R.S. 14:60;
aggravated rape, a violation of La.R.S. 14:42; armed robbery,
a violation of La.R.S. 14:64; and armed robbery with the use
of a firearm, a violation of La.R.S. 14:64.3. He originally
pled not guilty, but he changed his plea to not guilty by
reason of insanity. A sanity and competency hearing began on
November 9, 2016, and concluded on December 14, 2016. After
hearing the testimony of three physicians, the trial court
determined Defendant was competent to proceed to trial.
State made minor amendments to the indictment on February 17,
2017, and Defendant maintained a plea of not guilty and not
guilty by reason of insanity. A jury found Defendant guilty
as charged on February 23, 2017. The trial court sentenced
Defendant to the mandatory life sentence at hard labor
without benefit of parole, probation, or suspension of
sentence for aggravated rape; thirty years at hard labor for
aggravated burglary; and ninety-nine years at hard labor for
armed robbery, enhanced by an additional five years without
benefit of parole, probation, or suspension of sentence
because the armed robbery was committed with a firearm. The
terms are to run concurrently with each other except the
five-year term of enhancement is to run consecutively to the
filed a motion for appeal on May 22, 2017. The trial court
denied that motion without comment on May 25, 2017. Defendant
filed a supplemental motion for appeal on August 2, 2018, and
the trial court granted it.
counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396 (1967), alleging
no non-frivolous issues exist on which to base an appeal and
seeking to withdraw as Defendant's counsel. We grant the
motion to withdraw and affirm Defendant's convictions and
victim was in bed asleep in the early morning hours on August
15, 2014, when she felt someone get into bed with her. At
first, she thought he was her boyfriend. However, when the
man spoke, she realized the voice was of someone else. The
man forced oral and vaginal sex on the victim at gunpoint and
then placed the gun inside her vagina. He then placed the gun
in the victim's mouth. Defendant told the victim
"his name was Jermaine . . . ."
took the victim's debit card from her purse and demanded
that she tell him the PIN. He was still armed with the gun.
He had gained access to the victim's home by removing a
window air conditioning unit. The victim's phone and the
keys to her boyfriend's vehicle were found during a
search of Defendant's residence. A video on
Defendant's phone documented the rape.
lab analysis showed Defendant's DNA in dried secretions
taken from the victim's hand and in seminal fluid from
the victim's vaginal swab. That analysis also showed the
victim's DNA on the slide of the pistol found near
Defendant at the time of his arrest.
who responded to the call found two individuals in the area
dressed as the victim had described. One of them was
Defendant. The officer found a black handgun next to the
bicycle that was with the two men, and he also found a pink
cell phone case. The other man with Defendant advised the
officer Defendant told him he had sex with a female and took
her cell phone. The victim identified Defendant to the
officer who ...