State v. Allen

777 So. 2d 1252, 2001 WL 111255
CourtLouisiana Court of Appeal
DecidedJanuary 10, 2001
Docket2000-KA-0013
StatusPublished
Cited by6 cases

This text of 777 So. 2d 1252 (State v. Allen) 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. Allen, 777 So. 2d 1252, 2001 WL 111255 (La. Ct. App. 2001).

Opinion

777 So.2d 1252 (2001)

STATE of Louisiana
v.
David D. ALLEN.

No. 2000-KA-0013.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 2001.

*1254 Harry F. Connick, District Attorney, Leslie Parker Tullier, Jane Louise Beebe, Assistant District Attorneys, New Orleans, LA, Counsel for Plaintiff/Appellee.

David Allen, pro se.

Pamela Sue Moran, Louisiana Appellate Project, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judges BAGNERIS, TOBIAS, and GORBATY.

BAGNERIS, Judge.

STATEMENT OF CASE

On December 17, 1997, the defendant, David D. Allen, was charged by bill of information with two counts of first degree robbery in violation of La. R.S. 14:64.1. The defendant pled not guilty to both counts at his arraignment on December 19, 1997. The trial court conducted a motion hearing on March 12, 1998. The trial court found probable cause and denied defendant's motions to suppress evidence and identification. The defendant was found guilty as charged on both counts after a jury trial on March 26, 1998. The State filed a multiple bill of information on March 30, 1998. The defendant filed motions for new trial and post judgment verdict of acquittal on April 2, 1998. A multiple bill and sentencing hearing was held on June 19, 1998. The trial court sentenced the defendant to serve thirty years at hard labor without benefit of probation, parole or suspension of sentence on each count, to be served consecutively. After the trial court adjudicated defendant a second felony offender on each count, it vacated the original sentences imposed and sentenced defendant, under the multiple bill, to serve thirty years at hard labor without benefit of probation, parole or suspension of sentence on each count, to be served consecutively. Defendant orally filed motions for reconsideration of sentence and appeal. The trial court denied defendant's motion for reconsideration of sentence. Defendant's motion for appeal was granted. On August 11, 1999, the defendant was granted an out of time appeal and a return date of October 13, 1999 was set. The trial court denied defendant's motion for new trial on April 18, 2000.

FACTS

Greg Fox ("Mr. Fox") was employed as a cashier at the A-Plus Kola Video Store in October and November of 1997. Mr. Fox testified that on October 23, 1997, and November 7, 1997, he worked from 12:00 a.m. to 8:00 a.m. In the early morning hours of October 23, 1997, Mr. Fox was sitting near the cash register when an unknown person came into the store. The subject was wearing a white ski mask and a blue and white sweatshirt. The subject jumped over the counter and told Mr. Fox to open the register and give him the money. The subject had one hand in his pocket. Mr. Fox testified that he thought the subject had a gun. The subject took seventy-three dollars from the register and ran out of the store, across Chef Menteur Highway towards I-10. The subject was between 5'6" and 5'8", and weighed less than one hundred fifty pounds. At that point, Mr. Fox could not say who the subject was, but he recognized "something" about the person. He testified that, at that time, he suspected it was the defendant. Mr. Fox and the defendant had worked two shifts together at the video store when the defendant was employed there as a security guard.

Mr. Fox further testified that he was working at the store in the early morning hours of November 7, 1997, when he was robbed again. On that night, a subject came into the store and jumped over the counter. The subject told Mr. Fox to open the register and give him the money. The subject pushed something in Mr. Fox's back. At first, Mr. Fox thought it was a gun. When he turned, he saw that the subject was wearing a large gold ring. *1255 After Mr. Fox opened the register, the subject asked him where the rest of the money was, as the store had a drop safe. The subject then took the currency and quarters in the register. Because Mr. Fox had just opened a roll of quarters, there were approximately nine to ten dollars in quarters in the register. Mr. Fox testified that the subject was wearing a dark blue lightweight jacket, white gym shoes and jeans, with a blue and white handkerchief over his face. The subject also wore sunglasses. After the subject left, Mr. Fox called the police. The police arrived shortly thereafter. The officers apprehended the subject. Mr. Fox identified the defendant as the person who robbed him. Mr. Fox stated that he was able to make a positive identification from the clothes and the gold ring. Mr. Fox further stated that he believed the defendant committed the October robbery. Mr. Fox viewed the videotapes of the robberies and stated that the tapes accurately depicted the events. Mr. Fox noted that the subject acted the same way in both robberies (e.g., he jumped over the counter using his left hand to pivot himself), and the subject was the same height and weight. Additionally, Mr. Fox stated that he also recognized the defendant's eyes and voice during the October robbery. Mr. Fox acknowledged that he was robbed two other times while working at the video store. However, on those occasions, the perpetrator calmly walked around the counter with his hand in a white paper bag. The perpetrator took the money out of the register and walked out of the store. The perpetrator never said a word. He was 5'9" to 5'10", and wore fatigue-colored clothing, a black handkerchief, gym shoes, a jacket and a stocking cap.

Harold Allison ("Mr. Allison") was working as a security guard at the A Plus Kola Video Store at the time of the robbery on November 7, 1997. Mr. Allison testified that he saw a person coming from the "breezeway" under the interstate. The person went inside the ballasts and came back out. When the person saw Mr. Allison looking at him, the person went back behind the ballasts that hold the interstate up. Mr. Allison testified that he became suspicious and returned to his post to call the police. When he returned to the security office, he looked at the video monitor and saw the end of the robbery. He observed the person leaving the store. Mr. Allison called 911 and then went to wait with the cashier for the police to arrive. The police responded quickly to the call. The police then came back with two or three suspects for Mr. Allison and the cashier to identify. The cashier testified that he was able to positively identify one person. Mr. Allison was unable to make an identification, as he had not seen the subject's face. Additionally, he could not provide a description, as it was too dark. He could only see that the subject wore jeans and a jacket.

Detective Jerry London ("Detective London") and other New Orleans police officers were involved in a surveillance operation of the video store on November 7, 1997. The store had been robbed almost every weekend for over a month. Detective London and two other officers, Sergeant Austin and Detective Maes, were located in the Family Inn Motel, which was directly across from the video store. During the surveillance, Sergeant Austin observed a subject walking under the interstate. The officer informed Detectives London and Maes of his observations. The officers watched the subject, who disappeared into the shadows for a minute. The subject reappeared wearing a mask on his face. The subject ran to the bookstore. Sergeant Austin advised other officers in the area via police radio. Detective London also advised other officers on the surveillance team that a suspect was entering the store. He provided the officers with a description of the subject.

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Cite This Page — Counsel Stack

Bluebook (online)
777 So. 2d 1252, 2001 WL 111255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allen-lactapp-2001.