State v. Brown

656 So. 2d 1070, 1995 WL 320137
Louisiana Court of Appeal·Decided May 30, 1995·No. 95-KA-124·Published·Cited by 39 cases

Opinion

656 So.2d 1070 (1995)

STATE of Louisiana
v.
Billy BROWN.

No. 95-KA-124.

Court of Appeal of Louisiana, Fifth Circuit.

May 30, 1995.

*1071 John M. Mamoulides, Dist. Atty., Terry M. Boudreaux, Asst. Dist. Atty., Gretna, for appellee.

Bruce G. Whittaker, Gretna, for appellant.

Before GAUDIN, DUFRESNE and WICKER, JJ.

WICKER, Judge.

This criminal matter comes before us on direct appeal. The defendant, Billy Brown, appeals his conviction of four counts of intimidating a witness, the finding that he is a fourth-felony multiple offender, and his resulting sentence of forty years at hard labor. We affirm the convictions, but vacate the sentence and remand for resentencing.

FACTS

The victim, Nancy Stein, met Billy Brown in June of 1992 while they were living in the same apartment building. They became involved in a relationship, which Stein ended in September 1992. Brown continued to pursue Stein, however. Ultimately Brown was arrested on December 25, 1992 for an alleged extortion of Stein.

While Brown was incarcerated on the extortion charge, he sent numerous letters to Stein. Three of those letters are the basis for the charges in this case. Two of the letters, dated February 10, 1993 and October 31, 1993, were sent to Stein only; a third letter, dated November 14, 1993, was directed not only to Stein, but also to her daughter, *1072 Rhonda Barrilleaux. Both Stein and Barrilleaux were witnesses in the extortion case against the defendant.[1] The letters, which were introduced at trial, contained the following pertinent statements:

1. [Letter of Feb. 10, 1993, to Stein]

I have great news to tell you, if you are still caring about me at all. It has to do with my charges. * * * Since they will not hold Court on me until around April or May. That would cause me to lose my Social Security.
* * * * * *
So if the charge of extortion is droped [sic]. Then the Social Security has to start over....
* * * * * *
I swear to Jesus I forgive you for everything, regardless if you drop the charge or not! ...
* * * * * *
Drop the charge against me, and I will forget everything and not bother you ever again.... If I stay in jail Nancye [sic][2] and lose everything because of your lie. Then Nancye you will have to be made to pay for what you have done to me! ... I don't care if you take this letter and show to the Govenonor [sic]! I'll make you pay for it! So help me God! ... Now Nancye no matter what the fuck you do they can not keep me in jail for ever. They have to let me out one day! The day they let me out Nancye you had better pray you never see my face again! Not for a second. I'll promise you Nancye that will be the last face you ever see! So help me God! I don't care if you see me in the police station, that is your last. I know Nancye you think you are slick. Let me ask you. Why did you ask. How did you find me? That is because I have 17 [word illegible] years in prison, learning how to do shit you could never even dream of, let alone know about. I can find you Nancye in any country in the world.... I will show you what a fool I am. I will tell you this and you had better believe it, because your hole [sic] family's life depends on it. If you cause me to lose anything, I said "anything" because of having me in jail on a lie, I will promise you Ms. Stein that I will take care of you in a way that they will not find enough of you to bury! The law can not charge me, if they can not produce a body Nancye! If you think for one moment that I am playing a game with you. You are a fool! I'll not fuck up and write you anymore where you can run to a pig with it!. If you do not answer this letter Nancye and tell me what you want. So help me God I'm going to take care of you. I don't care if it's in the Court room when you come to Court. I am going to take you out! ...
* * * * * *
What shall it be, life or death? You tell me what you want and live! You don't tell me what you want and die!
Witch [sic] do you prefer?
Your actions tell me you are tired of living! If that's the case Nancye. I can handle if for you! Soon!

* * * * * *

2. [Letter of October 31, 1993, to Stein]

I write this letter, so that you will understand how foolish you have been with this matter of me being in jail.
You send me to jail!
Anyone can do that, exspecially [sic] when they lie!
* * * * * *
Now I'll tell you want you are dealing with. A Career Criminal! Law says I'm a Career Criminal. That means Nancye, that I have the mind to proceed with matters such as this one. Believe me Nancye, Law knows best!
* * * * * * *1073 As I am a Carreer [sic] Criminal Nancye, I know my rights, I'm entitled to know everything the State knows and will try to use as evidence against me at trial. I have all of that. Including your whereabouts!
Now, Nancye, if this is what you want, then damn it, that is what you will get! What I want, does not seem to matter to you! but what I want is this over! You can end it by calling the Judge. That's your choice, not mine.... * * * I'll not write and threaten you Nancye you are a rat. There is only one good rat to a Criminal, and that's a dead rat!
* * * * * *
Do you want me to come to your house?
Do you really think you can hide from me, a Carreer [sic] Criminal?
Do you want strange things to happen to you after I'm out?
Do you want to live your life watching for me?

* * * * * *

I'm finished playing games Nancye.
If you are still playing games, it's time to stop. If it does not stop! Then I have to take that to mean, you are trying to put me in prison! If that is what it is, then I have to have some of my Criminal friends show you what a Criminal is! ... Any way it goes, I'll read about you in the paper! If you think I'm playing games with you Nancye, call my pluff [sic]! look how easy it was to get in your apartment for me! Do you think it will be hard for me to have this taken care of!

* * * * * *

I'll give you two weeks to let me know something! If you don't. I'll let you know something quick!
Wait and see.

3. [Letter of November 14, 1993, to Barrilleaux and Stein]

As I know either of you don't like getting mail from me. You do not reply to it. Witch [sic] is your right. There is a reason for it. As I shall tell you now.... I could care less if either of you reply! The purpose is to harrass [sic] you both witch [sic] I will do until the day I die.
Your Mother, if you elect to call her such, fucked over me and you damm [sic] well know it!
* * * * * *
As far as I'm concerned both of you should be hit by a car tonight! Why Jesus was killed for something like either of you is behond [sic] me! Do the world a favor drop dead! Quick!
I don't like writting [sic] a letter like this to anyone, however I don't like being in jail 10 months either. * *

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

State v. Brown, 656 So. 2d 1070, 1995 WL 320137 (La. Ct. App. 1995).

656 So. 2d 1070 (State v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State Of Louisiana v. Jeremy James Griner
Louisiana Court of Appeal, 2019
State v. Maize
223 So. 3d 633 (Louisiana Court of Appeal, 2017)
State v. Kirsh
273 So. 3d 1225 (Louisiana Court of Appeal, 2016)
State v. Napoleon
119 So. 3d 238 (Louisiana Court of Appeal, 2013)
State v. Massey
97 So. 3d 13 (Louisiana Court of Appeal, 2012)
State v. Cloud
946 So. 2d 265 (Louisiana Court of Appeal, 2006)
State of Louisiana v. Tommy Cloud
Louisiana Court of Appeal, 2006
State v. Davis
911 So. 2d 295 (Louisiana Court of Appeal, 2005)
State v. Coleman
828 So. 2d 1130 (Louisiana Court of Appeal, 2002)
State v. Parker
812 So. 2d 86 (Louisiana Court of Appeal, 2002)
State v. Morris
798 So. 2d 1004 (Louisiana Court of Appeal, 2001)
State v. Charles
790 So. 2d 705 (Louisiana Court of Appeal, 2001)
State v. Sanders
784 So. 2d 19 (Louisiana Court of Appeal, 2001)
State v. Fish
782 So. 2d 1087 (Louisiana Court of Appeal, 2001)
State v. Jordan
774 So. 2d 267 (Louisiana Court of Appeal, 2000)
State v. Cepriano
767 So. 2d 893 (Louisiana Court of Appeal, 2000)
State v. Lucas
767 So. 2d 921 (Louisiana Court of Appeal, 2000)
State v. Breaux
767 So. 2d 904 (Louisiana Court of Appeal, 2000)
State v. McGinnis
768 So. 2d 216 (Louisiana Court of Appeal, 2000)
State v. Jolly
768 So. 2d 165 (Louisiana Court of Appeal, 2000)