State of Louisiana Versus Leroy Tate

Louisiana Court of Appeal·Decided April 26, 2023·No. 22-KA-367·Unknown

Opinion

STATE OF LOUISIANA NO. 22-KA-367 VERSUS FIFTH CIRCUIT LEROY TATE COURT OF APPEAL STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 19-5265, DIVISION "I"

HONORABLE NANCY A. MILLER, JUDGE PRESIDING

April 26, 2023

ROBERT A. CHAISSON

JUDGE

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert A. Chaisson

CONVICTIONS AFFIRMED; SENTENCES ON COUNTS TWO AND FOUR AFFIRMED; REMANDED FOR RESENTENCING ON COUNT ONE AND FOR CORRECTION OF UCO RAC SMC MEJ

COUNSEL FOR DEFENDANT/APPELLANT, LEROY TATE Jane L. Beebe

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr.

Thomas J. Butler Monique D. Nolan Rachel L. Africk Stephen Downer

CHAISSON, J.

Defendant, Leroy Tate, appeals his convictions and sentences for one count of attempted second degree kidnapping and two counts of simple robbery. For the reasons that follow, we affirm defendant’s convictions and his sentences on counts two and four; however, we remand the matter for resentencing on count one and for correction of errors patent as noted herein.

PROCEDURAL HISTORY

On October 28, 2019, the Jefferson Parish District Attorney filed a bill of information charging defendant with attempted second degree kidnapping of Sheena Cheneau, on or about June 2, 2018, in violation of La. R.S. 14:27 and La. R.S.14:44.1 (count one). At the October 31, 2019 arraignment, defendant pled not guilty. On April 17, 2020, the State filed a superseding bill of information charging defendant with attempted second degree kidnapping of Sheena Cheneau, on or about June 2, 2018, in violation of La. R.S. 14:27 and La. R.S. 14:44.1 (count one); simple robbery of Sheena Cheneau, on or about June 2, 2018, in violation of La. R.S. 14:65 (count two); attempted simple kidnapping of Sheena Cheneau, on or about November 19, 2017, in violation of La. R.S. 14:27 and La. R.S. 14:45 (count three); and simple robbery of Sheena Cheneau, on or about November 19, 2017, in violation of La. R.S. 14:65 (count four). On May 26, 2020, defendant pled not guilty to the charges in the superseding bill.

On January 25, 2022, prior to the commencement of trial, the State dismissed count three of the bill of information (attempted simple kidnapping), and the matter thereafter proceeded to trial before a twelve-person jury on the remaining counts. On January 26, 2022, after considering the evidence presented, the jury unanimously found defendant guilty as charged on counts one, two, and four.

On February 14, 2022, defendant filed a “Motion in Post Verdict Judgment of Acquittal, Arrest of Judgment, and Alternatively Motion for New Trial,” which the trial court denied. After defendant waived sentencing delays, the trial court sentenced him to imprisonment at hard labor for fifteen years on count one and seven years on counts two and four, to run concurrently. Defendant subsequently filed a motion to reconsider sentence, which the trial court denied. Defendant now appeals.

FACTS

At trial, Sheena Cheneau, the victim, testified regarding her relationship with defendant and the incidents that occurred on November 19, 2017, and on June 2, 2018. According to Ms. Cheneau, she met defendant at a Mardi Gras parade in 2017, and they soon began dating. The courtship moved quickly, and defendant eventually moved in with her and her son in New Orleans. Ms. Cheneau relayed that the relationship started off well, but defendant was jealous of other men. Due to this issue, Ms. Cheneau, who owned a cigar bar in Metairie, tried to keep her business life and family life separate, which caused many disagreements between the couple.

Ms. Cheneau recalled that on November 19, 2017, she was hosting a friend’s birthday celebration at her cigar club. As Ms. Cheneau was speaking to a male guest, defendant entered the lounge. Defendant approached Ms. Cheneau to inquire about the male guest, whom he accused of flirting with her. To avoid discussing the matter in front of the patrons, Ms. Cheneau proceeded to walk to her office located at the rear of the lounge. As Ms. Cheneau walked to her office, defendant walked directly behind her and “knocked” her in the head. Ms. Cheneau testified that once they were in her office, defendant hit her again, took her personal cell phone and keys, and then left her office. She then followed defendant to the parking lot to try to get her phone and keys back, at which point he assaulted

her again. By this time, some patrons had exited the club to assess the situation. Defendant then left the premises in Ms. Cheneau’s vehicle while maintaining her cell phone and keys.1 According to Ms. Cheneau, defendant later returned to the club to pick her up and drive her home. Once in the car with defendant, the two started arguing and defendant began hitting her. Instead of going to her residence, defendant travelled to a vacant lot in New Orleans East, removed her from the vehicle, and continued hitting her. Ms. Cheneau eventually convinced defendant to drive her to the hospital for treatment because she believed she was having a miscarriage. The hospital called the police, but Ms. Cheneau did not want to pursue charges at that time. After this incident, she ended her relationship with defendant and moved in with her parents.

Sometime thereafter, the cigar lounge was damaged in a fire and closed.

However, by June of 2018, Ms. Cheneau restored the building and reopened her business under a new name. On June 2, 2018, Ms. Cheneau was at her business training her new employees for an upcoming event. As she was doing so, Ms. Cheneau observed a white sedan continuously driving in front of the building. The car eventually stopped, and the driver started blowing the horn. The female employee went outside to investigate and was met by a man asking for Sheena. Ms. Cheneau then went outside to check on the employee, at which time defendant saw her. According to Ms. Cheneau, defendant ran and jumped the iron fence to get into the courtyard of the premises. Ms. Cheneau screamed, prompting the male employee to step outside to check what was happening. Ms. Cheneau testified that defendant then made a gesture to the employee indicating he possibly had a

1 At the time of the November 19, 2017 incident, the cigar club was equipped with surveillance cameras that recorded the altercation. These surveillance videos were played for the jury.

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