State v. Brown

956 So. 2d 53, 2007 WL 984133
CourtLouisiana Court of Appeal
DecidedApril 4, 2007
Docket41,883-KA
StatusPublished
Cited by6 cases

This text of 956 So. 2d 53 (State v. Brown) 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. Brown, 956 So. 2d 53, 2007 WL 984133 (La. Ct. App. 2007).

Opinion

956 So.2d 53 (2007)

STATE of Louisiana, Appellee
v.
Quinton C. BROWN, Appellant.

No. 41,883-KA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2007.

Charles Dean Jones, for Appellant.

*54 William Robert Coenen, District Attorney, Johnny R. Boothe, Penny Wise Douciere, Assistant District Attorneys, for Appellee.

Before BROWN, GASKINS and LOLLEY, JJ.

LOLLEY, J.

This criminal appeal arises from the Fifth Judicial District Court, Parish of Franklin, State of Louisiana. The defendant, Quinton Brown, pled guilty to one count of second degree kidnapping and one count of carjacking. The trial court originally sentenced Brown to serve 25 years' imprisonment for the second degree kidnapping and 15 years' imprisonment for the carjacking, to be served concurrently. Later, the trial court granted Brown's motion to reconsider sentence and reduced the second degree kidnapping sentence to 20 years (still to be served concurrently with the carjacking sentence). Brown now appeals, urging that his sentence is excessive.[1] For the following reasons, we affirm the judgment of the trial court.

FACTS

Quinton Brown was charged by bill of information along with two other men for the second degree kidnapping of three persons on April 12, 2002. The state also charged Brown with armed robbery, carjacking, aggravated assault, flight from an officer and speeding (103 m.p.h. in a 55 m.p.h. zone) out of the same incident; however, the formal charging instruments for these offenses do not appear in this appellate record.

On March 4, 2003, Brown appeared before the trial court and, pursuant to a plea bargain, pled guilty to the second degree kidnapping and carjacking charges, violations of La. R.S. 14:44.1 and 14:64.2, respectively. Under the terms of the plea bargain, the state agreed to dismiss all of the other charges against Brown, including the armed robbery charge, and further agreed that Brown's sentences would be imposed concurrently. There was no other agreement as to the sentence Brown would receive. At the plea, Brown gave a sharply abbreviated description of the facts underlying the offenses, admitting that armed with a handgun he forced the victims into a car (not belonging to him) and drove them to a second location.

Original Sentencing

The matter came before the trial court for sentencing on April 22, 2003. At sentencing, the trial court reviewed the pre-sentence investigation report and the police reports, as well as gave a detailed account of the offenses. As described by the trial court, Brown and two other men, Devario Turner and David Slack, Jr., drove from Rayville to Winnsboro to find the victims. The kidnappers used subterfuge to induce Brad Foy, Janet Green, and Wendy Glasscock to go in Foy's vehicle to another location. As shown in the record, Brown claimed he was previously victimized by having special wheels, commonly known as "rims," stolen off his personal vehicle. The presence of these customized "rims" on the victim's vehicle was the obvious catalyst of this crime.

Once all the parties reached the second location, Brown drew a pistol, pointed it at one female victim's head and ordered that victim to move over so he (Brown) could enter the back seat of Foy's vehicle. Once inside the vehicle, Brown pointed his pistol at Foy's head and ordered Foy to turn off the car's engine and get out. The trial court stated that Brown then forced Foy into the trunk of Foy's own car and then drove the car to a third location while Turner held the two women in the car at *55 gunpoint. Brown was obviously totally adrenalized during the commission of this crime and the ordering of the victim into the trunk of his own vehicle. In his haste, Brown or his co-perpetrators neglected to check if the victim had anything on him. The victim, Foy, still had his cell phone on him and used it to call the sheriff's office to report the crime in progress. At that point the hunt for the vehicle and ensuing chase began.

When the car reached the third location, Brown and the other two men forced Foy out of the trunk; Turner pointed a gun at Foy and ordered Foy to surrender his money, which he did. According to the trial court, police reports show that Foy claimed that Brown urged Turner to shoot and kill the three victims, but that Turner refused. Brown and one of the other kidnappers drove away in Foy's vehicle; the third kidnapper drove away in his own vehicle. Sheriff's deputies spotted Brown driving Foy's vehicle and chased that car at speeds over 100 miles per hour. The chase concluded when Brown stopped the car—he and his accomplice ran from the scene. Brown escaped, but his accomplice was caught near the scene. Brown turned himself in to authorities the next day.

The trial court related statements from all three of the victims, who all said they were afraid that they were going to be murdered during the incident and that Brown was the one who was encouraging the others to kill the victims. The victims and the local law enforcement officers involved in the case all asked the trial court to impose either a substantial sentence or the maximum sentence. On the other hand, the trial court received 60 letters from members of the Rayville community all attesting to the good character of Brown and/or his family and asking for leniency. In addition, the trial court received a petition signed by 171 persons asking for the imposition of a lenient sentence.

The trial court noted that Brown, born in 1983 and a high-school graduate, had obtained a football scholarship to Southern University in Baton Rouge but only attended college for less than half of one semester before returning home to Rayville and committing these offenses one month later. The trial court further noted that Brown had two children by two different mothers, whom he has little or no contact with. The trial court stated that Brown had been employed as a guard at Richwood Detention Center at the time of the offense, and he had no significant prior criminal history. The trial court observed that Brown had one previous misdemeanor conviction for disturbing the peace in 2000.

The trial court found that there was an undue risk that Brown would commit another crime if his sentence was suspended or he were put on probation and that he was in need of incarceration in a custodial environment. The trial court stated that a sentence less than what it would impose would deprecate the seriousness of the offense. The trial court also found that Brown's conduct manifested deliberate cruelty to the victims because all three were made to fear for their lives despite a statement to the women that the kidnappers were only after Foy. Further, the trial court found that Brown knowingly created a risk of death or great bodily harm for the three victims and employed actual violence and a dangerous weapon in the commission of the offense. Also observed was that Brown, who was employed as a correctional officer, should have known better than to commit these crimes and that he did not act under strong provocation. The trial court finally stated that imprisonment would not cause Brown or his family excessive hardship.

*56 After reviewing these factors, Brown was sentenced to serve 25 years' imprisonment at hard labor without benefit of parole, probation or suspension of sentence for second degree kidnapping and 15 years of imprisonment at hard labor without benefit of parole, probation or suspension of sentence for carjacking. The sentences were to be served concurrently in accordance with the plea agreement.

Motion to Reconsider Sentence

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Cite This Page — Counsel Stack

Bluebook (online)
956 So. 2d 53, 2007 WL 984133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-lactapp-2007.