State in Interest of Aaron

405 So. 2d 1194
CourtLouisiana Court of Appeal
DecidedOctober 12, 1981
Docket14327
StatusPublished
Cited by5 cases

This text of 405 So. 2d 1194 (State in Interest of Aaron) 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 in Interest of Aaron, 405 So. 2d 1194 (La. Ct. App. 1981).

Opinion

405 So.2d 1194 (1981)

STATE of Louisiana In the Interest of Christopher (Chris B.) AARON.

No. 14327.

Court of Appeal of Louisiana, First Circuit.

October 12, 1981.

*1195 Kathleen Stewart Richey, Asst. Public Defender, Baton Rouge, for plaintiff-appellant Christopher B. Aaron.

Kay Howell, Asst. Dist. Atty., Baton Rouge, for defendant-appellee State of Louisiana.

Before COVINGTON, COLE and WATKINS, JJ.

COVINGTON, Judge.

This is an appeal from a juvenile proceeding in which Christopher (Chris B.) Aaron, domiciled in East Baton Rouge Parish, was adjudicated a delinquent pursuant to LSA-R.S. 13:1570 A(5).

The petition alleged in three counts that Chris Benedict Aaron, age 15, was delinquent in that on June 26, 1980,

"1.

"said juvenile violated La.R.S. 14:64, in that he robbed a 7-11 Store of $67.00 while armed with a dangerous weapon, to wit: a .38 caliber revolver. Said offense occurred at 2424 O'Neal Lane, Baton Rouge, Louisiana;

"2.

"further, on or about June 26, 1980, said juvenile violated La.R.S. 14:30, in that he attempted the murder of Sgt. Barney McClain of Troup L by firing a double barrel Savage twelve (12) gauge shotgun at said law enforcement officer. Said offense occurred while officers pursued said juvenile east of [on] highway 190 and east towards Mandeville, Louisiana.

*1196 "3.

"further, on or about June 26, 1980, said juvenile violated La.R.S. 14:30, in that he attempted the murder of deputy John Dillon by firing a double barrel Savage twelve (12) gauge shotgun at said law enforcement officer. Said offense occurred while officers pursued said juvenile east on highway 190 and east towards Mandeville, Louisiana."

The trial court found the juvenile guilty on all counts. He was adjudicated delinquent on October 8, 1980, and at the dispositional hearing on November 21, 1980, he was committed to the custody of the Louisiana Department of Corrections for an indefinite term not to exceed his twenty-first birthday.

On appeal, Aaron urges the following Specifications of Error:

"1. The state failed to prove beyond a reasonable doubt that the appellant had specific intent as to the two counts of attempted murder and the trial court erred in denying the defense motion for a directed verdict of acquittal as to these counts.

"2. There was a complete lack of evidence to the proper venue as concerning the two counts of attempted murder and the trial court erred in denying the defense motion for a directed verdict."

The appellant first contends that the State failed to produce evidence of guilt beyond a reasonable doubt of every element of the offenses charged in the juvenile delinquency proceeding; consequently, a directed verdict of acquittal was mandated.

The appellant contends that the reasonable doubt standard of review enunciated in Jackson v. Virginia, infra, must be used in the present case. The United States Supreme Court stated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), that in federal habeas corpus cases the standard of review of the sufficiency of the evidence 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 proved beyond a reasonable doubt. This State has now adopted the Jackson standard of review when evaluating allegations by defendants that the prosecution presented insufficient evidence to prove an essential element of the crime charged beyond a reasonable doubt. State v. Abercrombie, 375 So.2d 1170 (La.1979), cert. den. 446 U.S. 935, 100 S.Ct. 2151, 64 L.Ed.2d 787 (1980); State v. Roy, 395 So.2d 664 (La.1981). The burden of proving the charge of delinquency against a juvenile and the standard of review of the sufficiency of the evidence must meet the Jackson standard. See State in Interest of Franklin, 399 So.2d 671 (La.App. 1 Cir. 1981), No. 14,146; In the Interest of LaRocca, 363 So.2d 1325 (La.App. 4 Cir. 1978).

On June 26, 1980, Joseph Jinks, the defendant's accomplice, entered the 7-11 convenience store on O'Neal Lane in Baton Rouge, Louisiana, at approximately 1:45 a. m. The only employee in the store, Charles Grimm, a night clerk and cashier, saw Jinks exit from the driver's side of a yellow step van bearing a license plate with the words "Ocean Springs" on it, which was backed up to the front door of the store. Jinks came into the store with a clipboard and told Grimm he had a delivery to make. Grimm told Jinks where the stockroom was, and Jinks walked to the stockroom. Jinks stayed in the store for a few minutes and then exited the store, walking back to the driver's side of the van. He then came back into the store and bought a Coke.

After a few minutes, the defendant exited the passenger's side of the van and entered the front door of the store. The defendant walked back to the stockroom and then returned to the front of the store, standing across the counter about four feet from Grimm. The defendant pointed a hand gun at Grimm, who was ordered to get back from the cash register. Jinks then jumped over the counter, opened the cash register, and took the cash (which included an identifiable bill used as "bait money.")

Jinks then took the store keys and locked the front door; however, he failed to completely *1197 engage the locking mechanism. At this point, a car drove into the parking lot. A customer got out and walked to the front door of the store. Jinks and the defendant instructed Grimm to tell the customer the store was closed, and they moved to the rear of the store.

Grimm opened the door and told the customer to run, that a robbery was in progress. Both Grimm and the customer ran from the store. Grimm jumped into the customer's automobile, which had the key in the ignition, and left the premises, driving a safe distance away. The customer ran to a nearby house. Jinks and the defendant than ran from the store, jumped in the van and drove down O'Neal Lane toward the interstate highway.

Grimm followed the van down O'Neal Lane and was able to get close enough to read the license plate of the van. He then followed it for about one-half mile until a gunshot was fired at him from the van. Grimm then put on his brakes and saw the van go on the ramp to the interstate highway (I-12) heading toward Hammond, Louisiana. Grimm returned to the store, picked up the customer, wrote down the license number of the van, and went to another 7-11 store where he reported the crime to the police.

John Dillon, a deputy sheriff of St. Tammany Parish, heard the radio broadcast giving the license number and description of the van involved in the armed robbery. At approximately 3:15 a. m. on June 26, 1980, while he was on patrol, Deputy Dillon observed a van on U.S. Highway 190 which met the broadcast description.

Deputy Dillon signalled for the van to pull over. Rather than obeying the officer's signal, defendants speeded up. The deputy then chased the fleeing vehicle, attaining speeds up to 90 m. p. h. over a distance of 12 miles.

Sergeant Barney McClain of the Louisiana State Police was patrolling in the vicinity of Louisiana Highway 21 and U.S. Highway 190 when he saw the police unit pursuing the van. The van met the broadcast description of the vehicle involved in the armed robbery. Deputy McClain turned on his signal lights and joined in pursuit.

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Related

State v. Odom
511 So. 2d 1214 (Louisiana Court of Appeal, 1987)
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463 So. 2d 794 (Louisiana Court of Appeal, 1985)
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State, in Interest of Racine
433 So. 2d 243 (Louisiana Court of Appeal, 1983)
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411 So. 2d 517 (Louisiana Court of Appeal, 1982)

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Bluebook (online)
405 So. 2d 1194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-aaron-lactapp-1981.