State v. Armentor

649 So. 2d 1187, 1995 WL 36274
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1995
DocketCR94-745
StatusPublished
Cited by12 cases

This text of 649 So. 2d 1187 (State v. Armentor) 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. Armentor, 649 So. 2d 1187, 1995 WL 36274 (La. Ct. App. 1995).

Opinion

649 So.2d 1187 (1995)

STATE of Louisiana, Plaintiff-Appellee,
v.
Raymond ARMENTOR, Defendant-Appellant.

No. CR94-745.

Court of Appeal of Louisiana, Third Circuit.

February 1, 1995.

*1188 Patricia Head Minaldi, Asst. Dist. Atty., Paul Peter Reggie, Lake Charles, for State of Louisiana.

Donald Guidry, Public Defenders Office, for Raymond Armentor.

Before WOODARD, DECUIR and PETERS, JJ.

WOODARD, Judge.

The defendant was found guilty of possession of a firearm by a convicted felon and was sentenced to five years at hard labor without benefit of probation, parole or suspension of sentence and was also fined $1,000. The defendant appeals. Finding no error on the part of the trial court, we affirm.

FACTS

On August 7, 1993, Deputy Curtis Barber of the Calcasieu Parish Sheriff's Office spotted *1189 a truck in which the defendant, Raymond Armentor, was riding. Janet Henry, who had outstanding warrants for selling and buying drugs, was leaning into the truck, talking to Armentor and Deanna Domingue, the driver of the truck. Henry walked away from the vehicle, and the vehicle began to drive away. At that point, Deputy Barber pursued the truck and stopped it. As Deputy Barber was talking to Domingue, he noticed that Armentor was moving around. Barber asked Armentor to step out of the truck, and as Armentor did so, a crack pipe fell out of the truck onto the ground. Barber then arrested Armentor for possession of paraphernalia.

While Barber was bringing Armentor to the police car, Domingue, on instruction from Armentor, threw the crack pipe into a garden in an attempt to dispose of the evidence. Barber then searched Armentor and found fifteen to twenty .22 caliber rounds in his front pants pocket. Deputy John Brewer arrived, and Domingue was arrested. After she gave written consent to search the truck, Deputies Barber and Logan searched the vehicle and located a .22 caliber handgun under the passenger seat. They also found a brillo pad and marijuana seeds in the truck.

On September 10, 1993, Armentor was charged with a bill of information with one count of obstruction of justice, a violation of La. R.S. 14:130.1, and one count of possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. He pled not guilty and requested a trial by jury. Subsequently, he filed a motion to suppress which was denied. On March 9, 1994, the trial court ordered the charges severed; he was then tried on the charge of possession of a firearm by a convicted felon. The jury found Armentor guilty, and he was sentenced to five (5) years at hard labor without benefit of probation, parole or suspension of sentence. Additionally, he was fined $1,000. Armentor now appeals alleging four assignments of error.

ASSIGNMENT OF ERROR NO. 1

By Armentor's first assignment of error, he contends that the evidence presented at trial was insufficient to sustain a conviction for possession of a firearm by a convicted felon.

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, rehearing denied, 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979). It is the role of the fact finder to weigh the respective credibility of the witnesses, and therefore the appellate court should not second guess the credibility determination of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983).

In order for the State to obtain a conviction, it must prove the elements of the crime beyond a reasonable doubt. The relevant statute in the case sub judice, La. R.S. 14:95.1(A), provides, in pertinent part, that "It is unlawful for any person who has been convicted of ... simple burglary ... to possess a firearm or carry a concealed weapon."

Regarding the first element, Armentor pled guilty to one count of simple burglary on March 16, 1987, and as such, he is a convicted felon for purposes of La. R.S. 14:95.1. At trial, the State introduced into evidence Armentor's guilty plea form as well as the bill of information from that crime.

The second element of the crime is that the defendant possess a firearm or carry a concealed weapon. La. R.S. 14:95.1 does not require actual physical possession of a firearm upon the person of the accused; constructive possession of a firearm satisfies the possessory element of this provision. State v. Day, 410 So.2d 741 (La.1982). Constructive possession exists when the illegal object is subject to the defendant's dominion and control. State v. Johnson, 463 So.2d 778 (La.App. 4 Cir.1985).

Deputy Barber testified that he removed fifteen to twenty .22 caliber rounds from Armentor's front pants pocket. Deputy Logan stated that he searched the truck in *1190 which Armentor was a passenger and found a .22 caliber pistol under the passenger's seat. This was corroborated by Barber. Further, Deputies Brewer and Logan also saw the .22 rounds from Armentor's pocket that Barber placed in the bed of the truck. However, the bullets were not produced as evidence at the trial because they were left in the bed of the truck.

Contradictory testimony was presented by the defense. Ruby Turner, the mother of Domingue, testified that the gun was hers and that she had lent it to her daughter who was living alone. Domingue, who was Armentor's girlfriend, declared that she had earlier placed the gun under the seat in the middle to return it to her mother, but it must have slid under the passenger's seat while she was driving the truck. She also testified that she did not see any of the officers take bullets from Armentor's pocket.

Considering the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. The jury could have found the testimony of the police deputies to be more credible, and therefore, felt that Armentor was in constructive possession of the pistol. Thus, this assignment of error is without merit.

ASSIGNMENT OF ERROR NO. 2

By Armentor's second assignment of error, he contends that the trial court erred by permitting the State to introduce evidence of other crimes, thereby violating La.Code Evid. art. 402, 403, 404(B)(1), as well as violating his constitutional guarantees to a fair trial and due process of law. Specifically, Armentor objects to the introduction of the following evidence:

1. Deputy Barber's testimony that (a) he stopped the vehicle because he believed the defendant was trying to purchase narcotics; (b) defendant trying to kick a crack pipe out of the truck; (c) he saw marijuana seeds in a tray in the truck; and, (d) the brillo pad he seized from the truck was used to smoke crack cocaine.
2. The admission into evidence of a photograph of the crack pipe, Deputy Richard Reid's testimony that a crack pipe was found in the garden near the scene of the arrest, as well as the admittance of the crack pipe seized.
3.

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Cite This Page — Counsel Stack

Bluebook (online)
649 So. 2d 1187, 1995 WL 36274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-armentor-lactapp-1995.