State, in Interest of Dl

715 So. 2d 623, 1998 La. App. LEXIS 1646, 1998 WL 329601
CourtLouisiana Court of Appeal
DecidedJune 24, 1998
Docket30878-JAC
StatusPublished
Cited by10 cases

This text of 715 So. 2d 623 (State, in Interest of Dl) 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 Dl, 715 So. 2d 623, 1998 La. App. LEXIS 1646, 1998 WL 329601 (La. Ct. App. 1998).

Opinion

715 So.2d 623 (1998)

STATE of Louisiana in the Interest of D.L.

No. 30878-JAC.

Court of Appeal of Louisiana, Second Circuit.

June 24, 1998.

*624 Joseph William Bailey, Logansport, for Defendant-Appellant.

Richard Ieyoub, Attorney General, Don M. Burkett, District Attorney, Richard Z. Johnson, Jr., Assistant District Attorney, for Plaintiff-Appellee.

Before MARVIN, C.J., and NORRIS and WILLIAMS, JJ.

*625 NORRIS, Judge.

DL, a minor, was charged with delinquency on one count of armed robbery in contravention of La. R.S. 14:64. After a hearing on the merits, DL was adjudicated delinquent and placed in the custody of the Department of Public Safety and Corrections until his 21st birthday. DL appeals, contending insufficient evidence to show that he committed armed robbery and excessive sentence. For the following reasons, we affirm.

I.

On March 12, 1997, at approximately 8:30 p.m., Mitchell Lewis, an assistant manager at Big Star in DeSoto Parish, went to a local bank to deposit the store's gross receipts. While attempting to place over $30, 000[1] into the night deposit box, Lewis was robbed at gunpoint by several assailants. One of the perpetrators, wearing a hooded sports jacket and later identified as DL, held a gun on Lewis and ordered Lewis to leave the scene while he and another perpetrator absconded with the money. Lewis then fled the scene. Alvin Wells, who was working near the bank, witnessed the event and called the police.

Neither Lewis nor Wells could visually identify the assailants. However, Lewis was able to describe the armed perpetrator's build and dress, i.e., the hooded sports jacket. Lewis additionally told the police that the armed assailant appeared to be in his early twenties, or to have a "youthful appearance" as he explained at trial.

Shortly thereafter, a tip led the police to a nearby convenience store, the Shop-a-Lot. This store's surveillance video tape showed DL, wearing a sports jacket, and Lavar Price, who later agreed to plead guilty to the robbery, in the store between 7:57 p.m. and 8:03 p.m., less than 45 minutes before the robbery. Lewis, the victim, identified his armed assailant as the person wearing the hooded sports jacket shown on the videotape; a Shop-a-Lot employee identified the same person shown on the videotape as DL.

The police obtained a search warrant for DL's residence where the gun, later identified by the victim as the weapon used in the robbery, was discovered. DL, then 13 years old, was brought to the police station for questioning and to allow the victim to make an auditory identification. The victim was not allowed to see DL but did hear him speak and was relatively sure the voice matched the armed perpetrator, although he was not positive. Lewis also identified the jacket provided by DL's mother, state's exhibit # 2, as the one worn by his armed assailant.

DL, along with four other individuals, Lavar Price, BW, SB, and Tyrone Price,[2] were subsequently arrested for the armed robbery. Lavar Price agreed to plead guilty, BW and SB admitted delinquency, and DL proceeded to the adjudication hearing asserting an alibi defense.

The juvenile judge adjudicated DL, then age 14, as delinquent and ordered him confined until his 21st birthday without benefit of probation, parole, suspension of imposition or execution of sentence, modification or furlough.

II.

When a defendant challenges both the sufficiency of evidence and one or more other trial errors, the appellate court should first determine the sufficiency of the evidence challenge. State v. Spencer, 29,993 (La.App. 2d Cir. 1/21/98), 707 So.2d 96.

In a juvenile delinquency proceeding, the state's burden of proof is the same as in a criminal proceeding against an adult. La. Ch.C. art. 883. The constitutional standard for testing the sufficiency of evidence requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime charged beyond a reasonable *626 doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Cummings, 95-1377 (La.2/28/96), 668 So.2d 1132. The Jackson standard is applicable in cases involving both direct and circumstantial evidence. State v. Evans, 29,675(6) (La.App. 2d Cir. 9/24/97), 700 So.2d 1039, writ denied 97-2942 (La.1/9/98), 705 So.2d 1121. An appellate court reviewing the sufficiency of the evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by that evidence and inferred from the circumstantial evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. Spencer, supra.

In a juvenile case, appellate review extends to both the facts and the law. La. Const. Art. 5, § 10(A), (B). Nevertheless, we recognize that the juvenile judge observes the conduct and demeanor of the witnesses and is thus in a far better position to determine credibility and weigh the evidence. Thus, we afford great deference to the judge's findings of fact and to his determination of credibility of the witnesses and the weight to be given to their testimony. State in Interest of D.S., 29,554 (La.App. 2d Cir. 5/7/97), 694 So.2d 565, and citations therein.

In cases involving a defendant's claim that he was not the person who committed the crime, the Jackson rationale requires the state to negate any reasonable probability of misidentification in order to carry its burden of proof. State v. Powell, 27,959 (La.App. 2d Cir. 4/12/96), 677 So.2d 1008 (on rehearing), writ denied 96-1807 (La.2/21/97), 688 So.2d 520. Moreover, positive identification by only one witness may be sufficient to support a defendant's conviction. State v. White, 28,095 (La.App. 2d Cir. 5/8/96), 674 So.2d 1018, writ denied 96-1459 (La.11/15/96), 682 So.2d 760.

III.

By his first assignment of error, DL contends that the evidence is insufficient to show that he was present at the scene of the crime or was the armed perpetrator. However, this assignment does not merit reversal.

Lavar Price, who agreed to plead guilty to first degree robbery in exchange for truthful testimony against DL, stated that both he and DL stole the money from the victim while BW and SB, both juveniles, acted as lookouts in case the police arrived. Specifically, Lavar Price testified that he, DL, BW, SB, and Tyrone Price were all walking around the projects and DL said that he wanted to hold the gun. Lavar Price then testified that they joked about robbing someone shortly before they spotted the victim, whom DL then robbed at gunpoint.

SB admitted delinquency based upon a reduced charge in exchange for truthful testimony against DL. At the time of trial, she was confined at Northwest Detention Center, along with DL. She testified that DL held the gun on the victim and ordered him to hand over the money. She additionally stated that DL told her not to testify.

BW, 11 years old at the time of trial, also admitted delinquency based upon the robbery and was confined to Northwest Detention Center. At trial, BW admitted that he made an earlier statement to the police implicating DL as the armed robber.

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Bluebook (online)
715 So. 2d 623, 1998 La. App. LEXIS 1646, 1998 WL 329601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-dl-lactapp-1998.