State v. Alexander

871 So. 2d 483, 2004 WL 626076
CourtLouisiana Court of Appeal
DecidedMarch 30, 2004
Docket03-KA-1291
StatusPublished
Cited by7 cases

This text of 871 So. 2d 483 (State v. Alexander) 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 v. Alexander, 871 So. 2d 483, 2004 WL 626076 (La. Ct. App. 2004).

Opinion

871 So.2d 483 (2004)

STATE of Louisiana
v.
David ALEXANDER.

No. 03-KA-1291.

Court of Appeal of Louisiana, Fifth Circuit.

March 30, 2004.

*485 Jennifer Pate, Louisiana Appellate Project, Baton Rouge, LA, for Appellant.

John M. Crum, Jr., District Attorney, 40th Judicial District Court, Rodney A. Brignac, Assistant District Attorney, LaPlace, LA, for Appellee.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and THOMAS F. DALEY.

JAMES L. CANNELLA, Judge.

The Defendant, David Alexander, appeals from his conviction of being a principal to a armed robbery and his sentence to 25 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. For the reasons which follow, we affirm the conviction and sentence and remand.

The District Attorney for the Parish of St. John the Baptist filed a bill of information charging the Defendant with armed robbery, in violation of La. R.S. 14:64. The bill was later amended to add the statutory designation for principals, La. R.S. 14:24, and the Defendant was rearraigned. The Defendant pled not guilty on both occasions.[1]

On October 22, 2002, the Defendant proceeded to trial before a 12 person jury, which found him guilty as charged. On January 8, 2003, the trial judge denied the Defendant's motions for a new trial and post-verdict judgment of acquittal. On July 2, 2003, the trial judge sentenced the Defendant to 25 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. Immediately thereafter, the Defendant orally moved for an appeal. On July 9, 2003, the Defendant filed a motion to reconsider sentence, which the trial judge denied on August 25, 2003. The Defendant filed a written motion for appeal that same day and the trial judge granted the motion. The State filed a habitual offender bill of information alleging that he was a second felony offender, which he denied.[2]

*486 FACTS

Just before 10:00 p.m. on September 10, 2001, the victim, Denise Gregoire (Gregoire), was working at the Shell service station on Highway 51 near I-10. She was robbed by a man, whom she later identified as co-defendant, Donald Phillips (Phillips). At trial, Gregoire described the events of that night. She related that a car pulled up to the pump, but no one exited. After a few minutes, a man exited and approached the door of the convenience store. He looked inside and returned to the car. The man exited the car again and entered the store. He picked up a beer from the cooler and placed it on the counter. The man demanded all of the money from the drawer. Gregoire did not believe that he was serious, but the man repeated his demand and showed her a gun beneath his shirt. When Gregoire gave him the money from the drawer, he also demanded the money from the safe. Gregoire told him that it would take a long time to get money from the safe. He then told her to turn around and that he would kill her if she looked at him or the car. Gregoire estimated that the man took $50. The man also took a Miller Lite beer, without paying for it.

At approximately 10:00 p.m., Deputy Scott Maillet of the St. John the Baptist Parish Sheriff's Office was dispatched to the Shell station. Gregoire was very upset and told Deputy Maillet that she had just been robbed by a black male. Gregoire described the robber, the car, and the direction in which he departed. Deputy Maillet related this information to his headquarters, which broadcast the information over the police radio.

Louisiana State Police Trooper Jeremy Mince testified that he was a detective with the St. John the Baptist Parish's Sheriff's Office on September 10, 2001. Trooper Mince was off duty and was driving an unmarked Chevrolet Lumina. He had just entered I-10 from the ramp at U.S. 51 heading toward Kenner, when he heard the call regarding an armed robbery at the Shell station and the description of the vehicle involved. Shortly thereafter, a car sped past Trooper Mince. The officer notified the Sheriff's Office that he might have seen the suspect vehicle, and followed it at rates of speed between 100 and 115 miles per hour. Trooper Mince notified the Louisiana State Police and the Jefferson Parish Sheriff's Office. Several state troopers joined the pursuit and Trooper Mince did not activate his vehicle's police lights until the state troopers activated their lights and siren. According to Trooper Mince, the vehicle attempted to escape when the troopers tried to stop the vehicle. The vehicle was ultimately stopped when several state police units blocked the interstate near the Causeway Boulevard exit.

The Defendant was driving the vehicle and Phillips was in the passenger seat. Gregoire later identified Phillips as the robber. Trooper Mince saw the butt of a gun on the floorboard, protruding from the passenger's seat. There were also two sixteen-ounce Miller Lite beer cans in the car. He removed $69 in cash from Phillips' possession. At trial, Trooper Mince identified the Defendant as the driver of the vehicle.

Detective Sergeant Breaux testified that he retrieved a videotape from the Shell station surveillance recorder, which was entered into evidence and played for the jury. Detective Sergeant Breaux interviewed Phillips, who denied involvement in the robbery.[3]

*487 In its case, the defense called Deputy Maillet and the Defendant. Deputy Maillet was questioned about variations in the description of the suspect's car and the direction it proceeded after the robbery. The Defendant admitted that he had a prior conviction for "auto burglary" in 2000. The Defendant also admitted that, on September 10, 2001, he was driving and Phillips was a passenger. The Defendant explained that he was driving Phillips' car because Phillips was intoxicated. The Defendant said that he and Phillips were on their way back to New Orleans from Baton Rouge when Phillips had asked him to stop so that he could get a beer. The Defendant admitted that he stopped at the Shell station, but denied that he knew Phillips intended to rob the store. The Defendant acknowledged that Phillips had exited the car, returned without a beer, sat in the car, and exited a second time. However, the Defendant said that he did not speak to Phillips and that he was not paying attention to Phillips' multiple entries and exits from the car. The Defendant admitted that he was possibly speeding, but denied that he was driving as fast as Trooper Mince had said. Further, the Defendant said that he pulled over when the police ordered him to do so. He also stated that he first saw the gun after the police removed it from the car. The Defendant denied that Phillips had robbed the store.

ASSIGNMENTS OF ERROR NUMBERS ONE AND TWO

The Defendant argues that the State impermissibly exercised its peremptory challenges to exclude potential jurors based exclusively on their race, and that, under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), he is entitled to a new trial. More specifically, the Defendant argues that the trial court erred in accepting the prosecutor's reasons for peremptorily challenging four jurors, Verlena Johnson (Johnson), Cynthia Smith (Smith), Carolyn Bossier (Bossier) and Hermanese Morrison (Morrison),[4] because the race-neutral reasons given were a pretext for discrimination.

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Cite This Page — Counsel Stack

Bluebook (online)
871 So. 2d 483, 2004 WL 626076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alexander-lactapp-2004.