State v. Boudreaux

945 So. 2d 898, 2006 WL 3615557
CourtLouisiana Court of Appeal
DecidedDecember 13, 2006
Docket41,660-KA
StatusPublished
Cited by37 cases

This text of 945 So. 2d 898 (State v. Boudreaux) 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. Boudreaux, 945 So. 2d 898, 2006 WL 3615557 (La. Ct. App. 2006).

Opinion

945 So.2d 898 (2006)

STATE of Louisiana, Appellee
v.
James BOUDREAUX, Appellant.

No. 41,660-KA.

Court of Appeal of Louisiana, Second Circuit.

December 13, 2006.

*899 C. Bryan Racer, Monroe, for Appellant.

Jerry L. Jones, District Attorney, Cynthia P. Lavespere, Assistant District Attorney, for Appellee.

Before BROWN, WILLIAMS, and DREW, JJ.

BROWN, Chief Judge.

Defendant, James Boudreaux, was charged by grand jury indictment with 14 counts of video voyeurism, violations of La. R.S. 14:283. Defendant pled guilty to all 14 counts in exchange for the state's agreement not to charge him as a habitual offender. The trial court sentenced the then 42-year-old defendant to four years imprisonment at hard labor without benefit of probation, parole or suspension of sentence on each count and ordered the sentences to be served consecutively, for a total term of 56 years imprisonment at hard labor without benefit. Defendant has appealed his sentence as excessive. Finding that this 56-year sentence is constitutionally excessive, we vacate the sentence and remand the matter for resentencing.

Facts

During the early part of 2005, the 18-year-old victim lived with defendant, who was her stepfather, in his mobile home in West Monroe. She had lived with him and her mother since she was 11 years old and chose to live with him and his son after her mother and defendant separated in April of 2003. The victim had her own bedroom and bathroom in the trailer. Unbeknownst to the victim, defendant had installed a Radio Shack 2.4 Ghz wireless camera in the entertainment center in the teenager's bedroom. Defendant connected the receiver for this camera to a video cassette recorder and for four months, he *900 videotaped the victim, sometimes while she was dressing and undressing and at times while she was completely nude.[1]

In April 2005, the victim knocked on the door and entered defendant's bedroom to give him some cigarettes she had picked up from the store for him. She saw her stepfather standing naked in front of his television. He hurriedly jumped under the covers of his bed and turned off the tape he had been watching, but not before the victim saw her bedroom on the screen. Later, when defendant was not home, she found videotapes in defendant's bedroom, the contents of which depicted her and several friends in various stages of undress. She then found the camera defendant had installed in her bedroom. The victim disconnected the video camera and confronted her stepfather. Defendant's response was that it was his trailer, and he could film whatever he wanted.

After being kicked out by defendant several months later, the victim contacted the sheriff's office to get assistance in retrieving her personal items from the trailer. She told police about the video camera and tapes and a search warrant for defendant's residence was obtained. During the search, defendant told an officer that the tapes and camera were locked in an outside storage building. Another search warrant for that building was obtained, and the tapes were recovered. A female deputy viewed the tapes, which depicted the victim with her breasts and/or pubic area exposed. Defendant was arrested on six counts of video voyeurism; however, a grand jury indicted defendant on 14 counts.

Defendant, who had a prior felony conviction for attempted possession of cocaine which occurred in 1992, pled guilty to all 14 counts without a sentencing agreement in exchange for the state's promise not to charge him as a habitual offender. The court conducted a sentencing hearing in March 2006, at which time it considered a pre-sentence investigation report and the testimony of several witnesses.

Ouachita Parish Sheriff's Office Sergeant Tammy Philley testified that she viewed the tapes taken from defendant's home and noted that there was a total of six different nude or partially nude young women shown on the tapes. Officer Philley said that during the course of the investigation, they found no evidence that defendant had threatened bodily harm to any of the victims or had tried to influence or coerce the victims into not prosecuting the case.

The court also heard testimony from Susan Wilson, who identified herself as a past victim of video voyeurism. Defendant objected to the admission of Ms. Wilson's testimony as an expert witness; this objection was overruled by the court after hearing Ms. Wilson's description of her experience as a victim and an activist in having video voyeurism made a criminal offense in Louisiana. Ms. Wilson described the severe psychological damage video voyeurism had caused her and attributed a variety of debilitating psychological conditions to the offense.

On behalf of defendant, Bruce Shelton, a superintendent who had supervised defendant at one of his jobs, testified that he had known defendant for 15-20 years and that defendant had a good work ethic, was dependable and well-liked. Shelton knew that defendant had a criminal record but was unfamiliar with the details. Another supervisor with a different employer, *901 Kenneth Harrell, described defendant as responsible, honest and hard-working.

Defendant's nephew, Winfred Boudreaux, II, testified that he had known his uncle for 35 years and opined that his uncle was a good man who had always helped him when he needed assistance. Defendant's brother, Michael Boudreaux, testified that he knew his brother well and described him as a "good-hearted guy."

Defendant testified on his own behalf at the sentencing hearing. He stated that he initially bought the video camera to keep track of who was in and out of his house while he was working out of town, but the situation "got out of hand." Defendant said that he was very sorry for what he had done, and attributed much of his conduct to a drug and alcohol problem. He testified that he was an alcoholic and was addicted to painkillers. His adult criminal record as reported in the PSI is as follows:

  05-03-80:    Urinating in Public
  08-07-83:    DWI, Second Offense
  06-03-84:    Introduction of Contraband (marijuana)
               into Correctional Facility[2]
  08-25-89     Illegal Use of Weapons
               Simple Criminal Damage to
               Property
  12-19-89     Simple Battery
  12-22-90     Simple Battery
               Simple Criminal Damage to
               Property
  10-16-92     Attempted Possession of Cocaine
  09-01-99     DWI, First Offense

Finally, the victim made a brief statement and filed a written statement into the record. She stated that the offense had a devastating effect upon her, particularly in that she thought of defendant as a father. The victim related that she was afraid to be undressed in her home or to go to school and that she felt as though she could not trust anyone.

The court noted that the videotapes made by defendant each contained many segments showing the victim undressed and that other tapes showed at least six other young females in various stages of undress. The court also gave lengthy and thorough consideration of the facts in light of the factors set forth in La. C. Cr. P. art. 894.1. In deciding to impose consecutive rather than concurrent sentences, the court observed:

Defendant was afforded considerable leniency via no habitual offender [proceeding] being pursued and having only 14 counts charged. The evidence present and the strength of the case, the large and numerous counts of possible violations [sic].

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Cite This Page — Counsel Stack

Bluebook (online)
945 So. 2d 898, 2006 WL 3615557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boudreaux-lactapp-2006.