State v. Taylor

841 So. 2d 894, 2003 WL 465633
CourtLouisiana Court of Appeal
DecidedFebruary 25, 2003
Docket02-KA-1063
StatusPublished
Cited by13 cases

This text of 841 So. 2d 894 (State v. Taylor) 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. Taylor, 841 So. 2d 894, 2003 WL 465633 (La. Ct. App. 2003).

Opinion

841 So.2d 894 (2003)

STATE of Louisiana
v.
Troy TAYLOR.

No. 02-KA-1063.

Court of Appeal of Louisiana, Fifth Circuit.

February 25, 2003.

*895 John M. Crum, Jr., District Attorney, Rodney Brignac, Assistant District Attorney, Edgard, LA, for Plaintiff/Appellee, The State of Louisiana.

Prentice L. White, Louisiana Appellate Project, for Defendant/Appellant, Troy Taylor.

Panel composed of Judges SOL GOTHARD, CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

On April 16, 2001, a St. John Parish grand jury indicted the defendant, Troy Taylor, for the second degree kidnapping and attempted second degree murder of Secondra Johnson, in violation of LSA-R.S. 14:44.1 and 14:27:30.1. The defendant was arraigned on May 2, 2001 and entered a plea of not guilty. On May 21, 2001, the defendant filed a motion for mental examination and appointment of sanity commission, which was granted. After being evaluated by the court-appointed doctors, the defendant was found competent to stand trial on June 27, 2001.

On February 19, 2002, the defendant proceeded to trial by jury. He was rearraigned *896 on the charges and pled not guilty and not guilty by reason of insanity. After a three-day trial, a twelve-person jury found the defendant guilty as charged on both counts of the indictment, by a vote of ten to two. The defendant thereafter filed a motion for new trial and a motion for post verdict judgment of acquittal, both of which were denied on April 3, 2002. On May 8, 2002, the defendant was sentenced to twenty-five years at hard labor for the second degree kidnapping conviction, with two years of this sentence to be served without benefit of parole, probation, or suspension of sentence. He was also sentenced to fifty years at hard labor, without benefit of parole, probation, or suspension of sentence, for the attempted second degree murder conviction, to be served concurrently with the twenty-five year sentence for second degree kidnapping. The defendant filed a motion to reconsider sentence, which was denied, and a motion for appeal, which was granted by the trial court on July 2, 2002.

FACTS

The victim, Secondra Johnson, was twenty years old at the time of the incident in this case. At trial, she testified that she has known the defendant since she was a young girl. Her testimony revealed that on February 22, 2001, she was alone at her residence on 219 Spruce Street when she heard a door open. She remained in her bed sleeping until the defendant opened her bedroom door, jumped on her back and put a knife to her throat. Secondra testified that the defendant demanded to know where her purse was and she responded by telling him that it was in the car. She stated that they fought in her bed and then the defendant took her to the kitchen. She asked the defendant why he was behaving this way, and the defendant responded, "Don't say my name." The defendant then stated, "You say my name again I'm going to stab you." Secondra testified that she said the defendant's name again at which point he stabbed her under the chin. She fought with the defendant and he stabbed her under the chin again.

Secondra testified that the defendant brought her outside of the house and put her into her car. She was able to escape from the car and run toward her uncle's home, but the defendant pursued her and stabbed her once again underneath her chin and dragged her back to the car. She stated that the defendant then drove onto the interstate, while she continued to plead with him to stop and bring her to a hospital, but the defendant kept driving. The defendant stated, "I'm going to do away with your body and your car where nobody never find you." Secondra testified that the defendant made her strip naked in the vehicle and thereafter touched her vagina.

As they traveled along the interstate and approached Siegen Lane in Baton Rouge, Secondra opened the door and jumped out of the vehicle, which was traveling around 60 miles per hour. Secondra testified that, after jumping from the vehicle, she stopped a van and jumped inside. The driver of the van then exited onto Siegen Lane and dialed 911. When the ambulance and police arrived, Secondra stated that her attacker was the defendant, Troy Taylor.

Secondra testified that she remained in the hospital for several days. While in the hospital, an artificial artery was placed in her throat, she required a pint of blood, and she received 27 staples, as well as stitches in her hands. She testified that Detective Joseph showed her a photographic lineup while she was in the hospital, and she identified the defendant as her attacker.

On cross-examination, Secondra testified that she had known the defendant since *897 she was a young child and that he had stayed at her residence for a brief period of time. She also testified that the defendant had never been violent in the past nor did he appear to have been sexually interested in her before.

Holly Kohan, an administrative assistant at Our Lady of the Lake Hospital in Baton Rouge, testified that on the morning of February 22, 2001, she was driving on Interstate-10 (I-10) near the Siegen Lane exit when she saw a woman "fly out" of a moving vehicle. She testified that she saw someone stop to assist the female, so she continued to drive to work where she called 911. Kohan also testified that the driver of the vehicle from which the woman exited did not attempt to assist the woman.

Steven French, a sales representative for Glaser Wholesale in Baton Rouge, testified that on February 22, 2001, he saw a red Mitsubishi Eclipse swerve, and a nude woman exited the vehicle. He then observed the car exit onto Siegen Lane, and he pursued the vehicle. French testified that the vehicle made a U-turn and got back on the interstate heading toward Baton Rouge. He was able to get the license plate number of the vehicle and called 911. French stated that the vehicle was traveling around 55 to 60 miles per hour when the black female fell from the car.

Evelyn Bennet, an employee at Pennington Biomedical Research Center testified that on February 22, 2001, she was traveling on I-10 when she saw a naked woman bleeding on the side of the road. Bennet testified that she stopped and pulled the woman inside her van and, after exiting from the interstate, dialed 911. Bennet also stated that when the woman entered her van, she repeatedly screamed for her to lock the door.

Barbara Wright, Secondra Johnson's grandmother and a resident of 219 Spruce Street in Laplace, testified that she left her home on the morning of February 22, 2001 at approximately 5:25 a.m. in order to go to work. She stated that she received a phone call at work and left to go home. Wright testified that when she arrived home, she attempted to make a phone call at which time she noticed a chair flipped over and blood all over the kitchen.

On cross-examination, Wright testified that she knew the defendant, Troy Taylor, and that he had previously resided with her for a couple of months before the year 2001. She stated that the defendant had never been violent and that he was friendly with the victim, Secondra Johnson. Wright also testified that she ordered the defendant to leave her home when she suspected him of stealing things from her; however, they remained friendly thereafter. She stated that the defendant had a key when he lived there, but she had gotten it back.

Felix Joseph, a former criminal investigator with the St. John Parish Sheriff's Office, testified that he conducted an investigation of this incident, which resulted in the apprehension of Troy Taylor.

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Bluebook (online)
841 So. 2d 894, 2003 WL 465633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-lactapp-2003.