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State v. Harrison

Court of Appeals of Louisiana, Third Circuit

November 6, 2019

STATE OF LOUISIANA
v.
JAVONTA JERMEL HARRISON

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, 24557-14 HONORABLE GUY E. BRADBERRY, DISTRICT JUDGE

          John Foster DeRosier District Attorney - Fourteenth Judicial District Karen C. McLellan Assistant District Attorney COUNSEL FOR APPELLEE: State of Louisiana

          Chad M. Ikerd Louisiana Appellate Project COUNSEL FOR APPELLANT: Javonta Jermel Harrison

          Court composed of Sylvia R. Cooks, Billy H. Ezell, John E. Conery, Judges.

          BILLY H. EZELL JUDGE.

         Defendant, 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.[1] 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.

         The 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 other sentences.

         Defendant 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.

         Appellate 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 sentences.

         FACTS

         The 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 . . . ."

         Defendant 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.

         Crime 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.

         Police 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 ...


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