State of Louisiana Versus Leroy Tate

CourtLouisiana Court of Appeal
DecidedApril 26, 2023
Docket22-KA-367
StatusUnknown

This text of State of Louisiana Versus Leroy Tate (State of Louisiana Versus Leroy Tate) 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 Versus Leroy Tate, (La. Ct. App. 2023).

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.

22-KA-367 1 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

22-KA-367 2 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.

22-KA-367 3 weapon. Ms. Cheneau told the two employees to leave and call the police, which

they did.2

Ms. Cheneau stated that defendant was angry and inquired about her

“sleeping with the man in there.” Ms. Cheneau was scared and attempted to

reassure defendant that nothing transpired between her and her employee by

bringing him to the bathroom and showing him that she was menstruating at that

time. She reported that defendant started pushing her around, and as she was on

the ground, defendant pulled out a gun and placed it at the back of her head. She

stated defendant inquired about her vehicle, which was not located on the

premises. At some point, while defendant searched for her vehicle, he forced Ms.

Cheneau over a fence with him as he dragged her by her right arm. As he was

dragging her, a police unit approached the building.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Bradley
858 So. 2d 80 (Louisiana Court of Appeal, 2003)
State v. Smith
661 So. 2d 442 (Supreme Court of Louisiana, 1995)
State v. Weiland
556 So. 2d 175 (Louisiana Court of Appeal, 1990)
State v. Neal
796 So. 2d 649 (Supreme Court of Louisiana, 2001)
State v. Sugasti
820 So. 2d 518 (Supreme Court of Louisiana, 2002)
State v. Oliveaux
312 So. 2d 337 (Supreme Court of Louisiana, 1975)
State v. Taylor
740 So. 2d 216 (Louisiana Court of Appeal, 1999)
State v. Munson
115 So. 3d 6 (Louisiana Court of Appeal, 2013)
State v. Anderson
258 So. 3d 997 (Louisiana Court of Appeal, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
State of Louisiana Versus Leroy Tate, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-versus-leroy-tate-lactapp-2023.