State of Louisiana v. Isaac Jerome King

CourtLouisiana Court of Appeal
DecidedFebruary 1, 2012
DocketKA-0011-0772
StatusUnknown

This text of State of Louisiana v. Isaac Jerome King (State of Louisiana v. Isaac Jerome King) 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 of Louisiana v. Isaac Jerome King, (La. Ct. App. 2012).

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

11-772

STATE OF LOUISIANA

VERSUS

ISAAC JEROME KING

**********

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 300,968 HONORABLE THOMAS M. YEAGER, DISTRICT JUDGE

OSWALD A. DECUIR JUDGE

Court composed of Oswald A. Decuir, Billy Howard Ezell, and James T. Genovese, Judges.

AFFIRMED.

John T. Giordano Assistant District Attorney Ninth Judicial District Court P.O. Drawer 1472 Alexandria, LA 71309 (318) 473-6650 Counsel for Appellee: State of Louisiana Mark O. Foster Louisiana Appellate Project P. O. Box 2057 Natchitoches, LA 71457-2057 (318) 572-5693 Counsel for Defendant/Appellant: Isaac Jerome King

Isaac Jerome King IN PROPER PERSON Louisiana State Penitentiary Angola, LA 70712 DECUIR, Judge.

Defendant, Isaac Jerome King, was charged with armed robbery, a violation

of La.R.S.14:64; simple robbery, a violation of La.R.S.14:65; aggravated battery, a

violation of La.R.S.14:34; and possession of a firearm by a convicted felon, a

violation of La.R.S.14:95.1.

Defendant was found guilty as charged and was sentenced as follows: 1)

armed robbery – fifty years at hard labor without benefit of probation, parole, or

suspension of sentence, to run consecutively with the sentence for possession of a

firearm by a convicted felon; 2) simple robbery – seven years at hard labor to run

concurrently with all other sentences; 3) aggravated battery – ten years at hard

labor to run concurrently with all other sentences; 4) possession of a firearm by a

convicted felon – ten years at hard labor without benefit of probation, parole, or

suspension of sentence, to run consecutively with the sentence for armed robbery.

Defendant was also adjudicated a second felony offender, and his sentence

for armed robbery was vacated, and he was sentenced to serve sixty years at hard

labor.

Defendant is now before this court asserting two assignments of error. He

contends the trial court erred in failing to grant his motion for mistrial, and the trial

court erred in denying his hearsay objection to testimony regarding other crimes

evidence.

FACTS

At trial, Brice Patin and Jessie Roden both testified similarly. Patin’s

testimony indicated that he stopped at the traffic light at the intersection of Chester

and Monroe Streets in Alexandria, and Defendant flagged him down and asked for

a ride to the store. Roden testified that Patin asked Defendant if he needed a ride. Patin stopped at a store, and Defendant informed Patin that he did not want to go to

that particular store. Defendant then asked to go to a store on Bolton Avenue.

On the way to the store on Bolton, Patin stopped at a stop sign, and two men

Defendant said were with him got into Patin’s vehicle. One of the men who got

into the vehicle tried to sell Roden marijuana. The same man took Roden’s cell

phone from her lap and took off running. Roden ran after him. Patin followed in

his vehicle. Patin then got out and went to Roden. At that time, the remaining two

men were still in Patin’s vehicle. Roden used Patin’s phone to call her own phone.

The man who answered said he would return her phone in exchange for twenty

dollars. Roden agreed and, when the man went to hand her the phone, Patin said

the phone was not worth twenty dollars. When Patin turned around, Defendant

was holding a gun and demanded his money.

Patin threw everything from his pockets onto the ground except $600.00 he

had from selling a car. Patin testified that he put the envelope with the money back

into his pocket. Defendant demanded the money. As Patin reached into his

pocket, Roden stepped between Patin and the gun. Patin pushed Roden out of the

way. He and Defendant then struggled on the ground. Patin threw his phone to

Roden and told her to call the police. He and Defendant fought for five to ten

minutes. Patin then stood up, and Defendant hit him across the eye with the butt of

the gun twice, knocking him out. As he hit the ground, Patin heard someone say,

―come on, come on, come on, Jerome, let’s go.‖ Roden also heard someone say

―Jerome, they’re calling the cops.‖ Patin testified that when he regained

consciousness his money and Roden’s phone were gone. Roden testified that her

purse was also gone.

Patin and Roden made in-court identifications of Defendant. They also

identified Defendant in a photographic lineup.

2 As a result of being hit, Patin received seven stitches and had brain trauma.

Patin testified that Roden was bitten by Defendant and received a tetanus shot.

Roden did not know who bit her.

Defendant testified that he did not know Patin and Roden and did not take

anything from them. Additionally, he did not own a gun. He admitted he had prior

convictions for distribution of cocaine and conspiracy to distribute cocaine.

ASSIGNMENT OF ERROR NUMBER ONE

Defendant contends the trial court erred in denying his motion for mistrial

which was based on the use of other crimes evidence.

At issue in this assignment of error is testimony regarding events that

occurred on January 7, 2010. In its opening statement, the State set forth the

following regarding the events of January 7: ―about a week later Detective

Howard runs across, uh, an incident whereupon the defendant was found to be in a

backyard where a 38 snub nose revolver was also recovered. Independent of this

and not in criminal activity but it puts him in location with the gun.‖

Sergeant Ronnie Howard was questioned about the events of January 7 as

follows:

Q So at that point you had a name Jerome, the race, and approximate age and physical characteristics of a suspect, but you didn’t have any one suspect in mind at that point, is that correct?

A Not at that point.

Q What did you do with information? What did you begin doing?

A I ...

Q ... to try and identify who Jerome might be?

A I started looking for reports with, uh, the name Jerome in them as they came in, and, uh, actually came upon a report that happened on January 7th. Where a Jerome was in the presence of a firearm when, uh, police were called to uh -- Midway.

3 Q Okay. And, and in checking out that report did you find that in fact someone by the name of Isaac Jerome King was discovered to be in a backyard with a small handgun along with another person as well, correct?

A That is correct.

Q All right.

MR. KUTCH:

I want to put on the record and [sic] objection of the other crimes, evidence, and I’m going to move for a mistrial.

THE COURT:

All right, well, uh, your objection’s overruled. This is one of the things that we discussed.

I realize, your Honor, but I still need to put it on the record.

All right. You’re objection’s overruled.

EXAMINATION CONTINUED BY MR. LAMPERT:

Q He -- we’re not saying that he was committing a crime at that point, we’re just saying you discovered a report showing that he was in the same backyard with a handgun?

Defendant contends ―[t]his other crimes evidence was the January 7, 2010,

arrest of Mr. King for having a firearm while in someone’s backyard, and the

firearm allegedly found in the incident.‖

Defendant cites La.Code Evid. art. 404(B)(1), which provides:

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State of Louisiana v. Isaac Jerome King, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-isaac-jerome-king-lactapp-2012.