State v. Adams

493 So. 2d 835
CourtLouisiana Court of Appeal
DecidedAugust 20, 1986
Docket17,954-KA
StatusPublished
Cited by52 cases

This text of 493 So. 2d 835 (State v. Adams) 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 v. Adams, 493 So. 2d 835 (La. Ct. App. 1986).

Opinion

493 So.2d 835 (1986)

STATE of Louisiana, Appellee,
v.
Richard Mark ADAMS, Appellant.

No. 17,954-KA.

Court of Appeal of Louisiana, Second Circuit.

August 20, 1986.
Writ Denied November 7, 1986.

*836 Culpepper, Teat, Caldwell & Avery by Bobby L. Culpepper, Jonesboro, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, T.J. Adkins, Dist. Atty., Dan J. Grady, III, Asst. Dist. Atty., Ruston, for appellee.

Before MARVIN, FRED W. JONES, Jr. and SEXTON, JJ.

PER CURIAM.

The defendant, Richard Mark Adams, age 23, was charged by bill of indictment with two counts of aggravated rape and two counts of attempted aggravated rape on four separate victims over a period of seven months. Pursuant to a plea bargain, the defendant pled guilty to two counts of forcible rape, and to two counts of attempted aggravated rape. The defendant was subsequently sentenced to forty years at hard labor, two years without benefit of probation, parole or suspension of sentence on both counts of forcible rape. He was sentenced to fifty years imprisonment at hard labor on both counts of attempted aggravated rape. These terms, the maximum authorized in each case, were imposed consecutively. The defendant now appeals, arguing through fourteen assignments of error that the sentences imposed upon him were excessive and the reasons therefore were inadequately articulated.

The events leading to the charges filed against the defendant are as follows. At approximately 5:00 a.m. on December 9, 1984, victim number one was awakened by an assailant carrying a knife who bound her hands and feet and placed duct tape over her eyes and mouth, thereby preventing her from identifying her attacker. The intruder raped this victim and also took some of her undergarments and her purse.

At approximately 1:30 a.m. on December 27, 1984, a similar attack was perpetrated against victim number two. In this instance the attacker wore a Halloween mask which prevented the victim from seeing his face. Victim number two was handcuffed and blindfolded but the intended rape was not fully perpetrated. However, the intruder shaved the victim's pubic area during the attack and took several photographs of victim number two in various nude poses.

The next attack occurred at approximately 10:00 p.m. on February 7, 1985. Victim number three was similarly attacked, bound, shaved, photographed and raped at knifepoint. Again, the intruder wore a Halloween mask to prevent his victim from identifying him.

At approximately 3:30 a.m. on July 2, 1985, victim number four was also attacked in a similar fashion by a man wearing a Halloween mask and carrying a knife. Victim number four fought off the attack for several minutes. Her resistance caused a great deal of noise which alerted a neighbor. The neighbor armed himself with a shotgun and went to the patio of victim number four. The intruder saw the neighbor approaching and fled the premises as the neighbor fired several shots into the air.

The police were summoned and investigating officers located a nearby automobile *837 which was not recognized by any of the local residents. Inside the automobile, in plain view, was a blue ladies wallet. The wallet was identified by victim number four as belonging to her. Subsequent investigation revealed that the car was registered to a man in Greenville, Mississippi who had given the vehicle to his daughter and her husband, Richard Adams, defendant herein.

After his arrest, the defendant gave several unrecorded oral statements to police. He admitted each of these attacks as well as numerous burglaries in the Ruston area and in other nearby parishes. He also admitted to the rape and burglary of a 68 year old woman in Mississippi. He further stated that he had regularly gone about the Ruston area engaging in voyeuristic activity and that on many occasions he entered residences to steal items of underclothing and personal belongings. Many of these items were recovered from his residence including the photographs of victims number two and three and the rape victim in Mississippi.

On appeal the defendant argues fourteen assignments of error which he presents in seven arguments. They all involve either the alleged excessiveness of the sentences or the asserted trial court failure to adequately articulate the sentences.

Assignment No. 2 specifically complains that the trial court failed to comply with the sentencing guidelines of LSA-C.Cr.P. Art. 894.1. In addition, Assignment No. 12 complains that the trial court failed to consider the defendant's status as a first offender, and No. 13 complains that the trial court failed to consider the youth of the defendant.

Contrary to these assignments, the record reflects that the trial court comprehensively considered the aggravating and mitigating circumstances listed in LSA-C. Cr.P. Art. 894.1 to include the age and offender status of the defendant. The sentencing transcript is lengthy and detailed. In sentencing the defendant, the trial court took into account the youth of this defendant and noted as well the possibility that the defendant himself might have been the victim of a sexual offense at an earlier age. The trial court also noted that this was the defendant's first felony conviction. Although the defendant did not have a prior criminal record, the trial court concluded that a suspended sentence was not justified under the circumstances presented.

The trial court also determined that defendant's imprisonment would not entail any hardship upon his dependents. The trial court noted that defendant's former wife and the couple's only child are apparently starting a new life free and apart from the defendant.

The trial court further averted to the serious nature of the crimes committed by the defendant and stated that the series of rapes committed by the defendant permanently damaged the lives of the victims. The trial court also noted that defendant's criminal conduct spread a wave of fear throughout the Ruston area, disrupting the lives of many citizens. The trial court also noted that the Sanity Commission's report, as well as the facts of the case, indicated that defendant clearly contemplated that his criminal conduct would cause serious harm to his victims. The trial court determined that there was an absence of any factors which would tend to excuse or justify defendant's conduct.

The trial court found that the manner in which these crimes were committed was also an important factor to consider. The defendant engaged in a consistent pattern of burglarizing his victim's homes during their absence and awaiting their return for the specific purpose of raping them. The trial court took into account the defendant's lack of remorse for his actions and the harm he inflicted upon his victim. The trial court also considered defendant's admission that he had committed various other offenses in connection with the rapes, and further, that defendant was wanted in Mississippi in connection with a rape and burglary which occurred in Jackson, Mississippi.

*838 Based on these considerations, the trial court determined that there was an undue and significant risk that if given a suspended sentence, the defendant would commit other offenses. The trial court concluded that a period of correctional treatment was necessary and that any lesser sentence would deprecate the seriousness of defendant's crimes. Thus the record shows that sentences imposed were thoroughly considered and exhaustively articulated. Assignment Nos. 2, 12 and 13 lack merit.

The defendant combines a number of assignments into two single arguments.

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Bluebook (online)
493 So. 2d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-lactapp-1986.