State v. Cook

598 So. 2d 481, 1992 WL 72685
Louisiana Court of Appeal·Decided April 8, 1992·No. 23507-KA·Published·Cited by 12 cases

Opinion

598 So.2d 481 (1992)

STATE of Louisiana, Appellee,
v.
John David COOK, Appellant.

No. 23507-KA.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1992.
Rehearing Denied May 7, 1992.

*482 Robert C. White, Mark O. Foster, Minden, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, James M. Bullers, Dist. Atty., Charles E. McConnell, L. Charles Minifield, Asst. Dist. Attys., Minden, for appellee.

Before SEXTON, LINDSAY and STEWART, JJ.

LINDSAY, Judge.

The defendant, John David Cook, was originally arrested on charges of first degree murder, attempted first degree murder, armed robbery, and attempted aggravated arson. Pursuant to a plea agreement, the defendant subsequently pled guilty to one count of manslaughter. All other charges were dismissed. The trial court imposed a sentence of 21 years at hard labor, the maximum penalty for manslaughter. The defendant appealed his sentence. For the reasons assigned below, we affirm.

FACTS

On February 27, 1991, the defendant and the victim, Ricky Jones, agreed to meet and conduct a drug transaction at an isolated oil well site in a heavily wooded area in Webster Parish. After scheduling the meeting, the defendant arranged for a friend, Claude Yount, III, to accompany him. At the appointed time, the defendant and Mr. Yount went to the oil field site. A short time later, the victim and his girlfriend, Virginia Honeycutt, arrived in the victim's pick-up truck. The defendant walked from his Blazer vehicle to the pick-up truck. After a brief conversation with the defendant, the victim produced a large bag containing marijuana. The defendant and the victim then walked over to the defendant's Blazer where they became involved in an altercation. During the course of this altercation, the defendant stabbed the victim.

The victim yelled to Ms. Honeycutt, who was sitting in the front passenger seat of the truck, that "it was a set-up." He also yelled for her to get his gun, which was in a bag between the bucket seats of the truck. Mr. Yount, who had been hiding, ran over to the truck where Ms. Honeycutt was sitting. A struggle took place, and Ms. Honeycutt was stabbed. Apparently, Mr. Yount also fought with the victim and was stabbed. However, the injured victim was able to get behind the wheel of his truck and drive a short distance before losing consciousness. The truck ran off the road and hit a tree.

Ms. Honeycutt grabbed the gun from between the seats and fled into the woods. She heard the defendant and Mr. Yount stop their vehicle and say that they had to *483 track her down. The woman escaped by hiding in the woods for several hours.

The defendant and Mr. Yount found the victim's body hanging partially out of the open passenger door of his truck. Upon ascertaining that he was dead, they shoved his body back in the truck and shut the door. Before leaving the area, the defendant attempted to burn the truck by putting a rag in the gas tank and setting it on fire. However, the fuse failed to ignite the gasoline.

Nearby residents heard strange noises in the area and notified the sheriff's department. Deputies responding to the call discovered the truck and the victim's body. On the floorboard they found the victim's large folding pocketknife. The knife was open and was stained with blood. Eventually, Ms. Honeycutt emerged from the wooded area. She was able to provide the deputies with information from which they were able to determine the defendant's identity.

After leaving the scene, the defendant and Mr. Yount disposed of the bloody seat covers from the Blazer. (Although the defendant was unharmed, Mr. Yount had received several cuts.) The defendant then drove Mr. Yount to his home. Mr. Yount agreed to keep the sack of marijuana.

Early the next morning, the defendant was arrested for first degree murder, attempted first degree murder, armed robbery, and attempted aggravated arson. While executing a search warrant at the defendant's home, the officers discovered an empty box for a "Rambo III" knife.

Mr. Yount was also arrested. He voluntarily surrendered the sack of marijuana. In addition to the marijuana, the sack also contained an empty scabbard for a "Rambo III" knife of the same type depicted on the box found at the defendant's home. However, the knife was never recovered.

On April 16, 1991, a bill of information was filed charging the defendant with manslaughter. That same day he pled guilty to this charge. During the plea proceedings, the defendant acknowledged, with minor modifications, the truth of the facts recited by the district attorney as the factual basis of the plea. On June 14,1991, a sentencing hearing was held at which the defendant, his wife, and his employer testified. The defense also submitted for the court's consideration the testimony given by Ms. Honeycutt at the preliminary examination. The state offered the record of a previous bond reduction hearing and asked the court to consider the facts set forth at the guilty plea. Thereafter, the trial court imposed a sentence of 21 years at hard labor, the maximum term of imprisonment for manslaughter.

The defendant appealed his sentence. He contends that the trial court erred in the following respects: (1) in considering information contained in the report on the victim's autopsy; (2) in considering the defendant's alleged criminal history; and (3) in imposing an excessive sentence.

AUTOPSY REPORT

The defendant contends that the trial court's consideration of information in the autopsy report was improper because this document was not admitted into evidence at the sentencing hearing or otherwise filed in the record. He also claims that he was not given an opportunity to rebut the information contained in the report which was relied upon by the trial court in imposing sentence.

In the summary of facts presented at the guilty plea, the state recited that the unrecovered hunting knife (the scabbard of which was found in the marijuana sack and the box for which was found at the defendant's home) had a much longer blade than the victim's knife which was recovered from his truck. The assistant district attorney further stated that the missing knife was consistent with the autopsy report which stated that the victim's wounds were more than five inches deep.

At the sentencing hearing, the trial court noted that some of the victim's wounds could not have been inflicted by the recovered knife. Thus, the court interpreted the autopsy report as indicating that more than one knife was involved in stabbing the victim.

*484 The defendant concedes that he was provided with a copy of the autopsy report. Instead he complains that the trial court was not supplied with a copy of the report. The defendant also argues that he was not given an opportunity to rebut the autopsy information which was adverse to his interests.

However, it is clear from the trial judge's statements at the sentencing hearing that he had access to the autopsy report, which is a public record. State v. Williams, 438 So.2d 1212 (La.App. 3d Cir.1983), writ denied, 443 So.2d 590 (La.1983); State v. Arnold, 466 So.2d 520 (La.App. 3d Cir.1985), writ denied, 470 So.2d 124 (La.1985). Furthermore, it is equally plain that when the defendant entered his guilty plea, the assistant district attorney's references to this document put the defendant on notice that the report suggested the presence of a second knife. (This was consistent with police testimony at the preliminary examination that the use of another

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