State v. Alexander

197 So. 3d 843, 16 La.App. 5 Cir. 84, 2016 La. App. LEXIS 1428, 2016 WL 4037319
Louisiana Court of Appeal·Decided July 27, 2016·No. No. 16-KA-84·Published·Cited by 1 cases

Opinion

LILJEBERG, J.

| defendant appeals his convictions and sentences-for two counts of armed robbery and two counts of possession of a firearm by a convicted felon. For the following reasons,' we affirm defendant’s convictions. We also affirm his sentences on counts two and four, and affirm, as amended, his sentences - on- counts one and three. Further, we remand to the trial court for correction of an error patent.

PROCEDURAL HISTORY

Defendant, Ronald Alexander, was charged by bill of information with two counts of armed robbery (counts one and three), in violation of La. R.S. 14:64, and two counts of possession of a firearm by a convicted felon (counts two and four), in violation of La. R.S. 14:95.1. Duwan Sea-ton was charged as a co-defendant in both armed robbery counts. After defendant waived a'jury, trial was held before the trial judge. The trial judge found defendant guilty as charged on all counts.

Defendant was sentenced to 40 years imprisonment at hard labor on count one, ten years imprisonment at. hard labor on count two, 40 years imprisonment at hard labor on count three, and ten years imprisonment at hard labor on count four. The sentences were ordered to run concurrently and without benefit of parole, probation, or suspension of sentence. Defendant was also sentenced to an additional five years imprisonment at hard labor on counts one and three due to the firearm enhancement set forth in La. R.S. 14:64.3, to run consecutively with the other sentences.

[ thereafter, the State filed a multiple offender bill of information with regard to count one, alleging that defendant was a second felony offender.' After a hearing, the trial judge found defendant to be a second felony offender, vacated his sentence as to count one, and resentenced defendant as a multiple offender to 49 ½ years" imprisonment at hard labor, to run concurrently with the sentences' imposed on counts two, three, and four. Additionally, the trial court stated, “[hjowever, with respect to the dangerous weapon being used, the Court is going to run the" five years with respect to count one consecutive to the forty-nine-and-a-half years,” for a total enhanced sentence of 54½ years imprisonment. Defendant appeals.

[846] FACTS

Adeel Masood, a cab driver, testified that he was robbed shortly after-midnight on June 5, 2014, when he exited his cab to return home. He stated that a man came from behind him, placed a gun in his back, and demanded money. Mr. Masood gave the man everything he had, including his phone, keys, wallet, and money. Mr. Ma-sood testified that he saw the man’s face “a little bit,” and saw the gun, which was a gray color.

A few days later, on June 10, 2014, a police officer presented Mr. Masood with a photographic lineup and he identified defendant as the perpetrator. At the time of trial, Mr. Masood indicated that he was unable to identify the person who robbed him because it was two years later. However, according to Mr. Masood, at the time that the photographic lineup was presented to him, he was certain that he picked out the right person.

Deputy Thomas Rogerson of the Jefferson Parish Sheriffs Office testified that in the early morning hours of June 5, 2014, he responded to the scene of an armed robbery. Deputy Rogerson met with the victim, Mr. Masood, who informed him that he was a taxi driver and that he parked his cab in the 6200 block of Riverside Drive in Metairie, Louisiana. When Mr. Masood exited the cab to | ¡¡relocate to his personal vehicle, he heard a voice behind him. Mr. Masood informed the deputy that he observed a light-skinned black male wearing a black shirt, green pants, and a green hat. He also told Deputy Rogerson that the man had a silver firearm and demanded his belongings. He stated that he gave the man his phone, wallet, keys, and approximately $110.00 in cash.

Haley Duerst testified that on June 6, 2014, at approximately 6:15 p.m., she was robbed while in the parking lot of her apartment complex located at 6201 Riverside Drive. Ms. Duerst explained that after she parked and exited her vehicle, she heard someone approaching her. As she turned, she saw a man pointing a gray and black pistol in her face. She stated that the man told her to “give me what you got.” Ms. Duerst testified that she continued walking, and he violently ripped her purse off of her arm and ran away.

Ms. Duerst testified that her keys, phone, wallet, debit cards, license, and cash were in her purse. She described the perpetrator as a light-skinned black male approximately her height and age with a “ruddy” complexion, which she indicated may have been stubble, acne scars, or “pot marks” on his face. During the investigation, Ms. Duerst was unable to identify the perpetrator from a photographic lineup.

Ms. Duerst testified that all of the photos from her phone were automatically backed up to her Microsoft One Drive. She testified that when she logged into her account on the day after the incident, she found three pictures taken by someone else. Ms. Duerst stated that one of the photos depicted a person who appeared to be in her neighborhood and another photo depicted the same person holding a gun. She testified the person in the photos was not the person who robbed her. However, she recognized the gun as the same one used during the robbery. She stated that she now knows that the person in the photos was Duwan Seaton.

LDuwan Seaton testified that in June of 2014, she was living with her girlfriend, Jasmine Robinson, in an apartment on Riverside Drive. She stated that defendant was also staying in that apartment. She testified that on June 5, 2014, shortly after midnight, she left the apartment with defendant to obtain some “weed.” According to Ms. Seaton, the “weed man” was not [847] there, so she and defendant began walking back to the apartment.

Ms. Seaton testified that she was about to take a shortcut home when defendant ran up to a man who was getting out of his cab and demanded that the , man give him everything. The man gave defendant his phone and wallet, and then defendant and Ms. Seaton ran in different directions. Ms. Seaton testified that she did not see defendant holding a gun. She stated that they met back inside of the apartment, where defendant removed everything from the wallet, including approximately $50.00, an I.D., and a credit card. Seaton testified that defendant gave her some cash from the wallet.

Ms. Seaton testified that on the next day, June 6, 2014, between 6:30 p.m. and 7:00 p.m., she and defendant were checking car doors to see if they were unlocked. Ms. Seaton testified that after she retrieved some change from an unlocked car, she heard and saw a woman screaming for help. As the woman was screaming, she saw defendant “jacking” or grabbing the woman’s purse. Ms. Seaton again testified that she did not see defendant with a gun. She stated that defendant ran off, and she ran in a different direction to Ms. ‘Robinson’s apartment.

■ According to Ms. Seaton, when defendant arrived at the apartment, he had a multi-colored purse and'he stated that he “hit a lick,” which she explained meant to “jack somebody” or “you took something without anybody offering or giving it to you.” Defendant emptied everything out of the purse, including a wallet, an I.D., and a credit card. Ms. Seaton testified that she did not see a cell phone at that time.

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

State v. Alexander, 197 So. 3d 843, 16 La.App. 5 Cir. 84, 2016 La. App. LEXIS 1428, 2016 WL 4037319 (La. Ct. App. 2016).

197 So. 3d 843 (State v. Alexander) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Stock
212 So. 3d 1268 (Louisiana Court of Appeal, 2017)