State of Louisiana v. John Jacob Farris

CourtLouisiana Court of Appeal
DecidedDecember 8, 2010
DocketKA-0010-0644
StatusUnknown

This text of State of Louisiana v. John Jacob Farris (State of Louisiana v. John Jacob Farris) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana v. John Jacob Farris, (La. Ct. App. 2010).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

10-0644

STATE OF LOUISIANA

VERSUS

JOHN JACOB FARRIS

************

APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE, NO. 66,351 HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Jimmie C. Peters, James T. Genovese, and David E. Chatelain,* Judges.

PLEA, CONVICTION AND SENTENCE VACATED, AND REMANDED WITH INSTRUCTIONS.

Don M. Burkett District Attorney Anna Louise Garcie Assistant District Attorney Eleventh Judicial District P.O. Drawer 1557 Many, LA 71449 (318) 256-6246 COUNSEL FOR APPELLEE: State of Louisiana

Edward K. Bauman

* Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. Louisiana Appellate Project P.O. Box 1641 Lake Charles, LA 70602 (337) 491-0570 COUNSEL FOR DEFENDANT/APPELLANT: John Jacob Farris PETERS, J.

The State of Louisiana (state) initially charged the defendant, John Jacob

Farris, by bill of information with forcible rape, a violation of La.R.S. 14:42.1. After

the state amended the charge to second degree sexual battery, a violation of La.R.S.

14:43.2, the defendant entered a guilty plea, pursuant to North Carolina v. Alford,

400 U.S. 25, 91 S.Ct. 160 (1970), to the amended charge. The trial court then

sentenced the defendant to serve five years at hard labor, without the benefit of

parole, probation, or suspension of sentence. After hearing argument and evidence

on the defendant’s motion to reconsider his sentence, the trial court set aside the

initial sentence and sentenced the defendant to four years at hard labor, without the

benefit of parole, probation, or suspension of sentence. In his appeal, the defendant

asserts only that the trial court accepted his Alford plea without first ascertaining that

a factual basis existed to support the plea. For the following reasons, we vacate the

plea, conviction, and sentence and remand this matter to the trial court for further

proceedings.

DISCUSSION OF THE RECORD

At the hearing wherein the defendant entered his guilty plea, the state entered

the following factual basis for the plea:

Your Honor, on May 24, 2009, the Sabine Parish Sheriff’s department responded regarding an alleged rape. At Sabine Medical Center encountered- officers came in contact with a nurse and she advised that the victim was identified as [M.C.]. She stated that she had bruising around her thigh area, that the examination was consistent with the story that Ms. [C] gave. Ms. [C] lost consciousness at one point prior to coming to the Sabine Medical Center. She indicated that Mr. Farris had been staying with her for approximately one month, that nothing like this had occurred before, that on this night they had consumed some alcohol. She indicated that he started trying to force himself on her. She said she repeatedly asked him to no, please stop, don’t do this. And she does indicate that he did penetrate her and there’s also, Your Honor, a crime lab that would be indicative of that as well although there was no semen found. But he is tendering a plea to second degree sexual battery.[2]

In response to this statement of the factual basis, the following verbal exchange

occurred involving the trial court, the defendant, and the defendant’s trial counsel:

THE COURT: It’s my understanding, sir, that you’re pleading today based on the evidence that the State possesses and you believe it’s in your best interest to go ahead and plead guilty and get this over with. Is that correct?

DEFENDANT-FARIS[sic]: Yes, sir. I can’t prove any other way--

[COUNSEL FOR THE DEFENDANT]: Your Honor, just for the record, Mr. Farris and I have had pretty extensive conversations about this matter. He has maintained his innocence throughout this ordeal but based on the evidence the State possesses, he does believe it’s in his best interest to plead guilty and we are tendering this plea under Alford versus North Carolina.

THE COURT: I accept your plea, sir. I’m going to set your sentencing down for April 29th at 11:00 a.m. I’m going to order a pre- sentencing investigation to be conducted and returned to me before that date and I’ll sentence you on that date.

As previously stated, the trial court ultimately sentenced the defendant to serve four

years at hard labor, without benefit of parole, probation, or suspension of sentence.

OPINION

In his sole assignment of error, the defendant asserts that the trial court erred

in accepting his Alford plea without first ascertaining that a factual basis existed to

support the plea. Specifically, the defendant asserts that the record contains nothing

to indicate a sexual battery occurred. He correctly asserts in brief that although he did

not file a motion to withdraw his guilty plea, the constitutional nature of his

argument—that he did not knowingly and intelligently enter a plea to the

2 Pursuant to La.R.S. 46:1844, we use initials in this opinion to identify the victim.

2 offense—allows him to seek review of his plea. State v. Jordan, 98-101 (La.App. 3

Cir. 6/3/98), 716 So.2d 36.

Louisiana Revised Statutes 14:43.2(A) defines second degree sexual battery

as follows:

Second degree sexual battery is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

(1) The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2) The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

In considering the defendant’s argument on appeal, we first note that although

sexual battery, a violation of La.R.S. 14:43.1, is a responsive verdict to forcible rape,

second degree sexual battery is not. La.Code Crim.P. art. 814(10). Additionally,

although the factual basis provided at the defendant’s sentencing proceeding

contained all the essential elements of forcible rape and of sexual battery, the factual

basis did not include evidence of one essential element of second degree sexual

battery, specifically “serious bodily injury” having been inflicted on Ms. C.3 La.R.S.

14:43.2(A).

In State v. Harris, 26,608 (La.App. 2 Cir. 1/25/95), 649 So.2d 796, our brethren

in the second circuit considered a factual scenario similar to that now before us. In

Harris, the state had initially charged the defendant with forcible rape, and the

defendant ultimately entered an Alford plea to aggravated sexual battery. The factual

3 For the purposes of La.R.S. 43.2(B), “serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.”

3 basis presented by the state at the plea hearing consisted of evidence that the

defendant had engaged in sexual activity with a minor and the acknowledgment by

the defendant that the recitation of fact was basically true. However, nothing in the

presentation of facts pointed to any serious bodily injury sustained by the victim.

When the trial court questioned the absence of serious bodily injury, the defendant’s

trial counsel acknowledged that the recited facts did not fit the offense of aggravated

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Related

North Carolina v. Pearce
395 U.S. 711 (Supreme Court, 1969)
North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
State v. Smith
406 So. 2d 1314 (Supreme Court of Louisiana, 1981)
State v. Powell
584 So. 2d 1252 (Louisiana Court of Appeal, 1991)
State v. Jordan
716 So. 2d 36 (Louisiana Court of Appeal, 1998)
State v. Linear
600 So. 2d 113 (Louisiana Court of Appeal, 1992)
State v. Lucky
453 So. 2d 1234 (Louisiana Court of Appeal, 1984)
State v. Boudreaux
402 So. 2d 629 (Supreme Court of Louisiana, 1981)
State v. Harris
649 So. 2d 796 (Louisiana Court of Appeal, 1995)
State v. Smith
883 So. 2d 505 (Louisiana Court of Appeal, 2004)
State v. Jordan
619 So. 2d 648 (Louisiana Court of Appeal, 1993)

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State of Louisiana v. John Jacob Farris, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-john-jacob-farris-lactapp-2010.