State ex rel. A.D.

95 So. 3d 1176, 2011 La.App. 4 Cir. 1802, 2012 WL 2041803, 2012 La. App. LEXIS 822
CourtLouisiana Court of Appeal
DecidedJune 6, 2012
DocketNo. 2011-CA-1802
StatusPublished

This text of 95 So. 3d 1176 (State ex rel. A.D.) 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 ex rel. A.D., 95 So. 3d 1176, 2011 La.App. 4 Cir. 1802, 2012 WL 2041803, 2012 La. App. LEXIS 822 (La. Ct. App. 2012).

Opinion

JOY COSSICH LOBRANO, Judge.

hOn August 16, 2011, the Orleans Parish Juvenile Court adjudicated A.D.1 delinquent as a result of having committed the crimes of armed robbery, a violation of La. R.S. 14:64, access device fraud, a violation of La. R.S. 14:70.4(B), and illegal possession of stolen things, a violation of La. R.S. 14:69. The Juvenile Court judge entered a disposition of placement with the Office of Juvenile Justice for a period not to exceed eleven months for committing armed robbery, and six months for committing access device fraud, with the sentences to run concurrently and with credit for time served. No disposition was made as to the violation of La. R.S. 14:69, relative to illegal possession of stolen things. A.D. now appeals the adjudication and disposition.

At the trial of this matter, the victim testified that on April 17, 2011, at approximately 2:00 a.m., she finished her shift as a cook at Delachaise restaurant. As she was walking to her car, she was approached by three males, one of whom she later identified as A.D. One of the other males (not A.D.) put a gun to her 12neck, and told her, “give us everything.” She handed her cell phone and wallet to A.D. Before she handed over her wallet, she asked if they wanted just her wallet or her knife bag that also contained the wallet. A.D. instructed her to hand over the wallet only. The victim testified that A.D. was not the male pointing the gun at her, but was standing behind that individual when the robbery took place. She said that after she handed over her cell phone and wallet, both the male with the gun and A.D. told her not to tell anyone or she would be killed. They both repeated several times that they knew who she was and where she lived. The three males left the scene, and the [1178]*1178victim walked back to the restaurant to get help.

One of the items in the wallet stolen from the victim was an ATM card. Several hours after the robbery, she checked her bank account online and discovered that numerous cash withdrawals had been made after her wallet was stolen. She said that police officers who responded to her call right after the incident instructed her not to cancel her ATM or credit cards right away so . that police could track the activity in an attempt to apprehend the perpetrators. Several days later, a police detective contacted her, and asked her to come to the police station and view a lineup. The victim stated that she was able to positively identify A.D. from the lineup as one of the three perpetrators who robbed her of her wallet and cell phone. She also positively identified A.D. in the courtroom as one of the males who participated in the robbery committed against her.

NOPD Detective Jerry Baldwin testified that he investigated an armed robbery that occurred in the 1500 block of Aline Street on April 17, 2011. During lathe investigation, he obtained photos taken at an ATM machine, which showed three young black males using a card to retrieve money from the machine. Because of the apparent young age of the males and the close proximity of the ATM machine to Cohen High School, Detective Baldwin brought the photos to that high school and met with a coach/teacher familiar to him. That individual identified A.D. as one of the males in the photos.

Detective Baldwin retrieved A.D.’s personal information from the school, and contacted A.D.’s mother by telephone. He received permission to speak to A.D.’s mother in person and went to her home. After advising A.D.’s mother that he was investigating an armed robbery, Detective Baldwin showed the photos from the ATM machine to her, and she identified her son, A.D., as one of the males in the photos. At that time, Detective Baldwin advised A.D. of his rights, and relocated him to the New Orleans Police Department Juvenile Bureau.

Detective Baldwin took a taped statement from A.D. Prior to the taking of the statement, Detective Baldwin advised both A.D. and his mother of their rights. They both signed the “rights of arrestee” form, waiving their rights and agreeing to the taped interview. Detective Baldwin testified that he prepared the lineup shown to the victim, and he confirmed that she positively identified A.D. as one of the males who robbed her.

On cross-examination, Detective Baldwin stated that in one of his reports from the incident, he noted that the victim told him that the handgun used in the robbery appeared to be plastic. Both A.D. and one of A.D.’s cousins, who claimed |4he was a witness to the robbery but did not participate in it, told Detective Baldwin that A.D. did not participate in the robbery of the victim.

The next witness was Detective Nathan Magee. Detective Magee also participated in the armed robbery investigation. He assisted Detective Baldwin in taking statements, and during that process, they learned of evidence located at the residences of the other two suspects. At one of the residences, Detective Magee confiscated a black BB gun.

R.D., A.D.’s cousin, testified on behalf of the defense. He stated that he and A.D. were with the two other suspects, T.S. and R.W., on the night in question. R.D. stated that A.D. was walking behind T.S. and R.W., when suddenly, T.S. and R.W. robbed the victim. He said all four of them left the scene, went to R.W.’s house, and then went to an ATM machine where R.W. [1179]*1179used the ATM card to obtain cash. He said R.W.’s mother also used the card to pay her phone bill. R.D. admitted he was not close enough to the gun used in the robbery to determine if it were real or fake.

A.D. testified and offered a version of events similar to that given by R.D. He stated that he and R.D. were walking behind T.S. and R.W. listening to music and chatting about a party they had attended when they saw T.S. and R.W. rob a woman after T.S. put a gun to the victim’s head. He said that he and R.D. ran off, but T.S. and R.W. ran after them and caught up with them. He testified that he had no idea that T.S. and R.W. planned to commit a robbery. He said he was shocked at what they had done, but admitted accompanying T.S. and R.W. to the ATM | smachine after the robbery. He said he helped them figure out the PIN number for the card using information obtained from the victim’s identification card in the wallet, but insisted he had nothing to do with the actual robbery. He admitted being in possession of and using the stolen ATM card more than once.

The State of Louisiana filed a petition requesting that A.D. be adjudicated delinquent for committing the crimes of armed robbery, access device fraud and illegal possession of stolen things. In the same petition, the State requested that two other males, T.S. and R.W., be adjudicated delinquent for committing the crimes of armed robbery, access device fraud and obstruction of justice. This appeal involves only the adjudication of delinquency as to A.D.

A review of the record reveals no errors patent.

In his first assignment of error, A.D. argues that the evidence presented at trial was insufficient to prove all of the elements of the offense of armed robbery. Armed robbery is defined in La. R.S. 14:64 as “the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.” A.D. specifically argues that the State did not sufficiently prove that he (or T.S. or R.W.) was armed with a dangerous weapon. In support of this argument, A.D.

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Bluebook (online)
95 So. 3d 1176, 2011 La.App. 4 Cir. 1802, 2012 WL 2041803, 2012 La. App. LEXIS 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ad-lactapp-2012.