State v. Pamilton

979 So. 2d 648, 2008 WL 725483
CourtLouisiana Court of Appeal
DecidedMarch 19, 2008
Docket43,112-KA
StatusPublished
Cited by36 cases

This text of 979 So. 2d 648 (State v. Pamilton) 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. Pamilton, 979 So. 2d 648, 2008 WL 725483 (La. Ct. App. 2008).

Opinion

979 So.2d 648 (2008)

STATE of Louisiana, Appellee
v.
Rodney PAMILTON, Appellant.

No. 43,112-KA.

Court of Appeal of Louisiana, Second Circuit.

March 19, 2008.

*650 Peggy Sullivan, Louisiana Appellate Project, Monroe, for Appellant.

Paul J. Carmouche, District Attorney, Jason Brown, John Ford McWilliams, Jr., Assistant District Attorneys, for Appellee.

Before GASKINS, CARAWAY and MOORE, JJ.

GASKINS, J.

The defendant, Rodney Pamilton, was found guilty by a jury of second degree kidnapping and aggravated second degree battery. He was ordered to serve 40 years at hard labor, without benefit of parole, probation, or suspension of sentence on the second degree kidnapping conviction and 15 years at hard labor on the aggravated second degree battery conviction, with the sentences to run concurrently. The defendant appealed his convictions and sentences. For the following reasons, we affirm.

FACTS

On April 10, 2005, the defendant agreed to supply the victim, B.B.,[1] with crack cocaine in exchange for sex. This was not the first time they had met for this purpose. They went to an abandoned house in Shreveport to consummate the transaction. It is undisputed that B.B. voluntarily accompanied the defendant to the house with the intention of smoking crack and engaging in sexual activities.

In an upstairs bedroom, as they smoked the crack, B.B. performed oral sex on the defendant for approximately 60 minutes. The defendant was unable to achieve climax. *651 B.B. wanted to leave. After B.B. "made a run for it," an altercation ensued, during which both the defendant and B.B. fell down a flight of stairs. The defendant was upset and felt that B.B. had not fulfilled her part of the bargain.

At that point, the defendant flew into a rage and brutally beat B.B. The defendant testified that he struck B.B. only with his fists. B.B. testified that the defendant also struck her with a paint can and a glass liquor bottle. The defendant admitted swinging a paint can at B.B.'s head with enough force to kill, but claimed that he missed. A glass liquor bottle with what appeared to be a fresh blood smear was recovered from the crime scene. A dented, mostly-full paint can was also found at the crime scene. Neither the paint can nor the liquor bottle was tested by the crime lab for fingerprints or the presence of blood.

B.B. was severely injured as a result of the fall and beating. Nevertheless, B.B. testified that the defendant dragged her back up the stairs against her will, telling her that she was not going anywhere until she performed what she was supposed to perform. They eventually engaged in additional sexual activities, including vaginal sex. The parties agree that at some point during the night, the defendant was able to achieve climax.[2] Although she was not tied up or bound in any way during the night, B.B. testified that she did not feel free to leave since she tried to leave twice and was beaten both times. Then, the next morning, the defendant told her she could go. The defendant testified that B.B. remained at the house voluntarily.

The next morning, on April 11, 2005, B.B. left the house and went to a neighbor's house for help. The neighbor called for police and medical assistance. B.B. was taken to the LSU Medical Center and was examined by several doctors, including an OB/GYN who performed a rape examination. The evidence at trial revealed that B.B. had a lacerated liver, multiple spine fractures and facial trauma that required stitches; her eyes were blackened and swollen nearly shut. She was in intensive care for three days.

During the police investigation, the defendant was identified as a suspect and was apprehended. After being advised of his Miranda rights, the defendant admitted to police that he brutally beat B.B. when she tried to leave the house, but denied beating her with any objects such as the paint can or liquor bottle. The defendant admitted that he "whooped her ass," that "I swole her up," that there was "blood everywhere," and that he beat her so badly she looked "like an elephant woman" which "spoiled the mood." The defendant denied that he forced B.B. to remain at the house against her will. The defendant's statements were recorded and admitted into evidence at trial.

The defendant was initially charged by bill of information with forcible rape. Subsequently, a grand jury returned a two-count indictment charging the defendant with aggravated kidnapping and aggravated second degree battery. At the conclusion of the trial, the jury found the defendant guilty of the responsive verdict of second degree kidnapping, and guilty as charged of aggravated second degree battery. The defendant was sentenced to 40 years at hard labor without benefit of parole, probation, or suspension of sentence for second degree kidnapping, and to 15 years at hard labor for aggravated second degree battery. The sentences were ordered to run concurrently. The defendant's *652 motions for post verdict judgment of acquittal, new trial, and reconsideration of sentence were denied. The defendant appealed, claiming that there was insufficient evidence upon which to base his convictions for second degree kidnapping and aggravated second degree battery and that his sentences are excessive.

SUFFICIENCY OF THE EVIDENCE

The defendant argues that the evidence adduced at trial was insufficient to convict him of second degree kidnapping and aggravated second degree battery. The defendant argues that there was a lack of proof that the victim was imprisoned or forcibly secreted against her will. He also argues that the evidence was insufficient to prove beyond a reasonable doubt that the defendant used a dangerous weapon in committing the battery upon the victim. These arguments are without merit.

Legal Principles

The standard of appellate review for a sufficiency of the evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Tate, XXXX-XXXX (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Cummings, XXXX-XXXX (La.2/28/96), 668 So.2d 1132; State v. Murray, 36,137 (La.App. 2d Cir.8/29/02), 827 So.2d 488, writ denied, 2002-2634 (La.9/5/03), 852 So.2d 1020. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, XXXX-XXXX (La.2/22/06), 922 So.2d 517; State v. Robertson, XXXX-XXXX (La.10/4/96), 680 So.2d 1165. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, XXXX-XXXX (La.10/16/95), 661 So.2d 442. A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam, 36,118 (La. App. 2d Cir.8/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422.

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

Related

State of Louisiana v. Emmanuel Butts, Jr.
Louisiana Court of Appeal, 2021
State of Louisiana Versus Ron C. Youngblood
Louisiana Court of Appeal, 2019
State v. Youngblood
274 So. 3d 716 (Louisiana Court of Appeal, 2019)
State v. Scheanette
246 So. 3d 718 (Louisiana Court of Appeal, 2018)
State v. Lee
243 So. 3d 1133 (Louisiana Court of Appeal, 2017)
State v. Stringer
200 So. 3d 883 (Louisiana Court of Appeal, 2016)
State v. Johnston
198 So. 3d 151 (Louisiana Court of Appeal, 2016)
State v. Reese
166 So. 3d 1175 (Louisiana Court of Appeal, 2015)
State v. Sullivan
146 So. 3d 952 (Louisiana Court of Appeal, 2014)
State v. Dickson
124 So. 3d 1193 (Louisiana Court of Appeal, 2013)
State v. Hollins
123 So. 3d 840 (Louisiana Court of Appeal, 2013)
State v. Davis
121 So. 3d 1207 (Louisiana Court of Appeal, 2013)
State v. Mangham
113 So. 3d 493 (Louisiana Court of Appeal, 2013)
Johnson v. State
2012 WY 112 (Wyoming Supreme Court, 2012)
State v. Tillman
104 So. 3d 480 (Louisiana Court of Appeal, 2012)
State v. Taylor
103 So. 3d 517 (Louisiana Court of Appeal, 2012)
State v. Hough
103 So. 3d 477 (Louisiana Court of Appeal, 2012)
State v. Brown
93 So. 3d 873 (Louisiana Court of Appeal, 2012)
State v. Blanche
91 So. 3d 1189 (Louisiana Court of Appeal, 2012)
State v. Oliphant
93 So. 3d 603 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
979 So. 2d 648, 2008 WL 725483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pamilton-lactapp-2008.