State v. Roberts

708 So. 2d 1199, 1998 WL 76201
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1998
Docket97-KA-959
StatusPublished
Cited by6 cases

This text of 708 So. 2d 1199 (State v. Roberts) 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. Roberts, 708 So. 2d 1199, 1998 WL 76201 (La. Ct. App. 1998).

Opinion

708 So.2d 1199 (1998)

STATE of Louisiana
v.
Anthony J. ROBERTS.

No. 97-KA-959.

Court of Appeal of Louisiana, Fifth Circuit.

February 25, 1998.

*1200 Paul A. Connick, District Attorney, Gretna, for Plaintiff-Appellee Terry M. Boudreaux.

Bruce G. Whittaker, Gretna, for Defendant-Appellant.

Before GRISBAUM, BOWES and DUFRESNE, JJ.

DUFRESNE, Judge.

STATEMENT OF THE CASE

On August 22, 1996, the Jefferson Parish District Attorney filed a bill of information charging defendant, Anthony Roberts, with one count of aggravated burglary (LSA-R.S.14:60) and one count of attempted aggravated rape (LSA-R.S.14:27-:42). The case was assigned district court number 96-5196. Defendant was arraigned on September 17, 1996, and pled not guilty to both charges. On November 12, 1996, defendant filed a Motion to Appoint Sanity Commission to Determine Competency to Stand Trial. The trial court granted defendant's motion on November 15, 1996. The trial court held a sanity hearing on January 16, 1997, and found defendant competent to stand trial.

On February 24, 1997, the state filed a second bill of information under the same case number, charging defendant with aggravated battery (LSA-R.S.14:34) using a belt with studs. On the same day, defendant was arraigned as to the new charge, and pled not guilty.

On March 18, 1997, the state amended the original bill of information to change the alleged date of the attempted aggravated rape. On the same day, defendant waived his right to a jury trial, and a judge trial commenced as to all three charges. The trial continued on March 19, 20, 21, and 31. On March 31, 1997, the trial judge found defendant not guilty of aggravated burglary, guilty of attempted forcible rape (LSA-R.S.14:27-:42.1), and guilty of aggravated battery.

On April 14, 1996, defendant filed a motion for new trial, alleging the evidence at trial was insufficient to support a conviction for attempted forcible rape. The trial court heard and denied the motion on May 14, 1997. Defendant indicated he was ready for sentencing, and the trial court sentenced him that day to serve twenty years for the attempted forcible rape, and ten years for the aggravated battery. The court further ordered that the sentences be served concurrently.

On May 14, 1997, the state filed an habitual offender bill of information, alleging defendant *1201 to be a second felony offender. On May 20, 1997, defendant filed a motion to reconsider sentence. On May 28, 1997, defendant filed a response to the multiple bill of information and a motion to quash. The motion to reconsider sentence was heard and denied on June 11, 1997.

A multiple bill hearing was held on July 2, 1997, and the court found defendant to be an habitual offender. On July 11, 1997, the court vacated defendant's original sentence for attempted forcible rape, and imposed an enhanced sentence of twenty years without probation or suspension of sentence. The judge further indicated that the sentence was to "be served flat."

Defendant filed a timely motion for appeal on July 11, 1997. The motion was granted on August 1, 1997.

FACTS

Sarah Kanellos, a twenty-four-year-old commercial painter, lives in a house owned by her mother at 2132 Hickory Avenue in Harahan. Ms. Kanellos testified at trial that she has known defendant, Anthony Roberts, since she was fifteen or sixteen years old, and that they have dated each other off and on since that time. Defendant moved into the Hickory Avenue residence in May 1996. According to Ms. Kanellos, defendant vacated the premises in the early part of June 1996 after he exhibited some violent behavior.

When Ms. Kanellos arrived home at 10:16 p.m. on August 2, 1996, she parked her car in the driveway. As she began to exit the vehicle, defendant grabbed her by her hair. He dragged her into the house, screaming obscenities at her. Defendant appeared to be intoxicated. Among other things, defendant accused her of seeing other men. Defendant threw Ms. Kanellos on the floor, grabbed her by the arm, and dragged her around the living room floor. She testified that he dropped her on her head, then kicked her repeatedly in her ribs and back, and attempted to break her arm over his leg. At one point defendant forced Ms. Kanellos into her bedroom and tried to strangle her with his hands. She grabbed a knife lying nearby, and he immediately took it away from her. Ms. Kanellos testified that defendant threatened her with the knife, stating he would kill her and members of her family. Defendant threw her onto the bed, pushed her legs so that her knees reached her face, and pulled her shorts down a bit. He unzipped his pants, and began to thrust his erect penis against her. Defendant threatened to penetrate her anally. She resisted him with all her strength. Ms. Kanellos testified that she does not know whether or not defendant's penis was exposed.

According to Ms. Kanellos, defendant found two belts in her bedroom. He wrapped a studded belt around his wrist and repeatedly hit her with it. He swung the other belt at her, striking her on her back. Defendant also threatened her with a pair of scissors. At various intervals, defendant left the bedroom and went to the living room to watch television. He then returned to the bedroom, where he continued to hit her and scream obscenities at her. Defendant threatened to hurt her if she left the bedroom. Finally, at about 2:00 a.m. on August 3, defendant went to sleep on a sofa in the living room. Ms. Kanellos believed he still had the knife.

Ms. Kanellos decided to leave the house at 6:00 a.m. Defendant, who was still sleeping on the sofa, awoke and asked her where she was going. She told him she was going to see a doctor. He warned her not to come home late again that evening. Ms. Kanellos went to the Jefferson Parish Sheriff's Office to report the incident and was referred to the Harahan Police Department. Sergeant Raymond Marzilli of the Harahan Police took Ms. Kanellos' statement at about 8:30 a.m. Later that morning, Ms. Kanellos accompanied officers to the residence, where Sgt. Marzilli arrested defendant. Ms. Kanellos identified him as the man who had attacked her.

Marzilli conducted a search of Ms. Kanellos' residence, and found the knife defendant had used to threaten the victim. Marzilli also recovered the two belts with which defendant struck Ms. Kanellos, and a note of apology defendant had written to Ms. Kanellos. Ms. Kanellos testified that she found a box containing defendant's clothing and other *1202 belongings in her bedroom, and that the box was not there prior to the incident. An ambulance was called to Ms. Kanellos' residence. Emergency medical technicians applied a splint to her injured arm. She refused transport to a hospital, and instead transported herself to Memorial Medical Center. She received treatment for lacerations and a sprained arm.

Defendant testified that he was still living with Ms. Kanellos on August 2, 1996. He spent the afternoon that day drinking in a bar, and smoking crack cocaine. He was angry with Ms. Kanellos that evening because she came home much later than expected, and he suspected her of seeing other men. Defendant admitted to striking Ms. Kanellos and yelling obscenities at her. He further admitted to hitting her with a belt, but denied hitting her with the studded belt. Defendant stated that he did have Ms. Kanellos' knife during the confrontation, but that he threatened to hurt only himself with it. He admitted to making gashes in a wall with the knife. According to defendant, he intended to use the scissors to trim his beard.

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Cite This Page — Counsel Stack

Bluebook (online)
708 So. 2d 1199, 1998 WL 76201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roberts-lactapp-1998.