State v. Bass

223 So. 3d 1242, 2017 WL 2665129, 2017 La. App. LEXIS 1135
CourtLouisiana Court of Appeal
DecidedJune 21, 2017
DocketNo. 51,411-KA
StatusPublished
Cited by34 cases

This text of 223 So. 3d 1242 (State v. Bass) 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. Bass, 223 So. 3d 1242, 2017 WL 2665129, 2017 La. App. LEXIS 1135 (La. Ct. App. 2017).

Opinion

BROWN, C.J.

| defendant, John Lee Bass, was charged by bill of information with forcible rape, in violation of La. R.S. 14:42.1.1 The charge was amended thereafter when defendant was charged by grand jury indictment with aggravated rape, in violation of La. R.S. 14:42. After a jury trial, defendant was found guilty of the responsive verdict of forcible rape. He was sentenced to 40 years at hard labor and ordered to register as a sex offender. On appeal, defendant challenges the sufficiency of the evidence and contends that his sentence is excessive. We affirm defendant’s conviction, [1243]*1243amend defendant’s sentence to include the restriction of benefits for the first two years, and, as amended, affirm, and remand with instructions.

FACTS

On May 22,2014, defendant was charged by bill of information with forcible rape of L.R. on the Jackson Park trail in More-house Parish. At arraignment, defendant pled not guilty. On January 27, 2015, the state filed a grand jury indictment, which amended the charge to aggravated rape. Defendant entered a plea of not guilty on January 29, 2015.

On December 7, 2015, defendant’s trial commenced. At trial, the state called six witnesses. The state’s first witness was defendant’s brother, John Willie Bass, who testified that he was charged as a co-defendant for the rape of L.R. John Willie testified that he pled guilty to forcible rape in exchange for a 20-year sentencing cap. John Willie asserted that although he pled guilty, he “did not admit to rapin’ nobody” and only pled guilty on the advice of his lawyer. John Willie admitted that he knew L.R., but denied 12that she attended a party at his parents’ home prior to her assault. John Willie also stated that, when he was questioned by police, he told them that he had consensual sex with L.R. bn several occasions, including the day of the alleged rape. According to John Willie, he and several of his “home boys,” Leroy and “Zem,” had sex with L.R. that day.

The factual basis that was read during John Willie’s guilty plea colloquy was played off the record and outside of the presence of the jury. Once the jury returned to the courtroom, John Willie testified that the factual basis, read at his guilty plea, did not accurately portray what occurred on the night of the alleged rape. John Willie further stated that when he pled guilty, he was simply acknowledging that he understood the factual basis, not admitting that it was an accurate representation of what occurred. A copy of the minutes stating that John Willie was sentenced to 20 years for the rape of L.R. was admitted into evidence.

On cross-examination, John Willie testified that neither he nor defendant was with L.R. when she was allegedly raped. He further stated that he only pled guilty because he was told by his counsel that he would receive ten years in' jail, which would supposedly “run concurrent with [John Willie’s] parole time,” and that “the deal didn’t go through.” He testified that this ten-year sentence was why he pled guilty to forcible rape. John Willie then stated he did not understand the charges to which he pled guilty. John Willie also admitted to being a convicted felon.

Rosheka Johnson testified next. Ms. Johnson stated that she encountered L.R. shortly after the alleged rape. L.R. was walking up the road toward her. Ms. Johnson. could see that L.R. was crying and shaking. L.R. appeared to have been in a struggle; she had grass in her hair and was Invisibly upset. Ms. Johnson testified that she asked L.R. what was wrong, and L.R. told her that she had been raped. Ms. Johnson called the police and waited with L.R. until the officers arrived.

L.R. testified that she was raped by defendant and his brother, John Willie, on April 26, 2014, L.R. stated that she attended a party at defendant’s parents’ home the evening she was attacked. At the party, L.R. drank about a 12-pack of beer and then argued with defendant’s cousin, “Punkin.” After the argument, around 11:30 p.m., L.R. testified that she left the party alone arid began walking home through Jackson Park. According to L.R., she was wearing a t-shirt, underwear, and blue jean shorts that evening. As she walked through the park, L.R. heard a noise be[1244]*1244hind her. The noise came closer, frightening L.R., and she began to run. As L.R. was running, she heard a voice behind her say, “I told you don’t run. I told you don’t run,” Someone then grabbed L.R.’s shirt and hair from behind and threw her to the ground. L.R. testified that she was lying on her stomach, but. she managed to see the faces of her assailants, whom she identified as John Willie and defendant. L.R. also testified that she fought John Willie and defendant, telling them to stop, but neither did.

L.R. then testified that while defendant attempted to force his penis into her mouth, a third person, J.D., came upon the scene and said, “[n]o, that’s wrong.” But, instead of helping her, J.D. left the scene, and the assault continued. L.R. stated that defendant held her down while John Willie took off her shorts and raped her. During the attack, L.R. heard defendant cheer John Willie on, and defendant stated that “I want some of that too.” When John Willie finished raping L.R., he switched positions with his brother and held L.R. down as defendant raped her. After defendant Lfinished, the brothers switched positions again, and John Willie raped L.R. a second time. When the attack ended, L.R. testified that she struggled to gather her belongings, and defendant and John Willie left her lying on the ground. L.R. walked toward the street, where she encountered Rosheka Johnson, She told' Ms. Johnson that she had been raped by John Willie and defendant. L.R. further testified that she never had’sexual relations with either man before, and she did not have sex with anyone else on the day of her attack. During her testimony, L.R. showed the jury the pair of shorts she was wearing the night of the attack and stated that defendant and John Willie broke the shorts’ zipper as they were removing them.

On cross-examination, L.R. denied having either consensual oral or vaginal sex with defendant on thé day she was attacked. L.R. also denied ever accusing anyone else of raping her.2 L.R. stated that she had lived with John Willie and defendant’s parents for approximately two years prior to the attack, but neither brother lived in the home at the same time as L.R. She also testified that right after the attack, she did not use the restroom or do anything to alter the condition of her vaginal area. Finally, L.R, stated that after the- attack, she could not locate her underwear.

Captain Keesonyá Lynch,3 an officer with the Bastrop Police Department, testified that on April 26, 2014, she was dispatched to 501 Jackson Street concerning an alleged assault. Upon arriving at the scene, |sCpt. Lynch made contact with L.R. and observed that she appeared to have been in an altercation. According to Cpt. Lynch, L.R.’s hair was “all over her head,” her shirt was torn, and L.R.’s shorts were ripped open at the waist. Cpt. Lynch noted that L.R. was not wearing underwear, and she appeared to be shaken up. Cpt. Lynch testified.that L.R. admitted to' being sexually assaulted by defendant and John Willie. Cpt. Lynch also testified that she arrested John Willie and defendant shortly after meeting with' L.R. Finally, Cpt. Lynch noted that she was not [1245]*1245present when the rape kit was collected, and she sent her report to Cpt. Anthony Evans.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v, Antonio Lacedric Johnson
Louisiana Court of Appeal, 2025
State of Louisiana v. Roy L. Wimberly
Louisiana Court of Appeal, 2025
State of Louisiana v. Joshua Wiggins
Louisiana Court of Appeal, 2025
State of Louisiana v. Joshua Cornell Palmer
Louisiana Court of Appeal, 2025
State of Louisiana v. Christopher McKnight
Louisiana Court of Appeal, 2025
State of Louisiana v. Charlene Henderson
Louisiana Court of Appeal, 2025
State of Louisiana v. Cortney Fitzgerald
Louisiana Court of Appeal, 2025
State of Louisiana v. Joshua Daeshun Donson
Louisiana Court of Appeal, 2025
State of Louisiana v. Anthony Latrell Willis
Louisiana Court of Appeal, 2024
State of Louisiana v. Gregory Earl Jones
Louisiana Court of Appeal, 2024
State of Louisiana v. Rustin Randall Middleton
Louisiana Court of Appeal, 2024
State of Louisiana v. Jaylin M. Wayne
Louisiana Court of Appeal, 2023
State of Louisiana v. Cherekita Y. Morehead
Louisiana Court of Appeal, 2020
State of Louisiana v. Calvin L. Broadway
Louisiana Court of Appeal, 2020
State of Louisiana v. D. D.
Louisiana Court of Appeal, 2019
State of Louisiana v. Craig Miller
Louisiana Court of Appeal, 2019
State of Louisiana v. Robert Ladell
Louisiana Court of Appeal, 2019
State v. Smith
272 So. 3d 990 (Louisiana Court of Appeal, 2019)
State v. Metoyer
266 So. 3d 943 (Louisiana Court of Appeal, 2019)
State v. Barnett
262 So. 3d 477 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
223 So. 3d 1242, 2017 WL 2665129, 2017 La. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bass-lactapp-2017.