State v. Ball

756 So. 2d 275, 1999 WL 1077084
Supreme Court of Louisiana·Decided November 30, 1999·No. 99-KO-0428·Published·Cited by 53 cases

Opinion

756 So.2d 275 (1999)

STATE of Louisiana
v.
Ricko C. BALL aka Rico C. Ball.

No. 99-KO-0428.

Supreme Court of Louisiana.

November 30, 1999.

Ricko Ball, (Pro Se).

Hans P. Sinha, New Orleans, Counsel for Applicant.

Richard P. Ieyoub, Atty. Gen., Paul Carmouche, Dist. Atty., Catherine M. Estopinal, Shreveport, Traci A. Moore, Baton Rouge, Counsel for Respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO

VICTORY, J.[*]

Ricko C. Ball, convicted of a violation of La. R.S. 14:95.1, possession of a firearm by a convicted felon, claims that because he offered to stipulate at trial he had been convicted of a prior felony offense listed in La. R.S. 14:95.1, it was error for the trial court to allow the state to introduce evidence of the name and nature of the prior offense.[1] After reviewing the record and the applicable law, we affirm the judgment of the lower courts.

FACTS AND PROCEDURAL HISTORY

On the morning of November 4, 1996, Mary Upton discovered that her Plymouth *276 minivan, which had been parked in front of her son's truck in her driveway, was missing. Her son's truck had been pushed out of the way and the side window pushed open. Several items were stolen from the truck, including the keys to the minivan, stereo equipment, a shotgun and a rifle. Three hours later, a Shreveport police officer spotted the minivan, but the driver/defendant refused to stop, leading the police on a high speed chase which ended when the minivan ran into a ditch. The defendant fled on foot but was apprehended by police. In plain view on the floorboard of the minivan between the front bucket seats, police found the rifle and shotgun. The key in the ignition was the key that had been stolen from the son's truck. Fingerprints taken from the window of the truck matched defendant's fingerprints.[2] Upon learning he had pleaded guilty to simple burglary of an inhabited dwelling in Bossier Parish in 1993, the district attorney charged and tried the defendant as a felon in possession of a firearm in violation of La. R.S. 14:95.1.

Before the commencement of the trial, defendant unsuccessfully filed a Motion in Limine offering to stipulate that he had been convicted of a felony that was a predicate offense under La. R.S. 14:95.1 and asked that the state be precluded from introducing evidence of his prior conviction. At trial, the state introduced the bill of information, minutes, and guilty plea transcript from defendant's prior simple burglary of an inhabited dwelling conviction. In addition, his fingerprints were matched to those found on the back of the prior bill of information. After the jury found him guilty as charged, the trial judge sentenced him to 13 years at hard labor without benefit of probation, parole or suspension of sentence, and assessed a $1,000 fine.

The court of appeal affirmed his conviction and sentence. State v. Ball, 31,515 (La.App. 2 Cir. 12/9/98), 733 So.2d 1. We granted defendant's writ to consider whether the lower courts erred in allowing the state to introduce evidence of the name and nature of the defendant's prior conviction of simple burglary of an inhabited dwelling when the defendant had offered to stipulate that he had been convicted of a prior felony. State v. Ball, 99-0428 (La.5/28/99).

DISCUSSION

The law prohibiting certain felons from possessing firearms is codified in La. R.S. 14:95.1 and reads in pertinent part:

A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(13)[3] which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons device, manufacture or possession of a bomb, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime defined as an attempt to commit one of he above enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, *277 would be one of the above enumerated crimes, to possess a firearm or carry a concealed weapon.

Possession of a firearm by a convicted felon requires proof of: (1) the possession of a firearm; (2) a previous conviction of an enumerated felony; (3) absence of the 10-year period of limitation;[4] and (4) general intent to commit the offense. La. R.S. 14:95.1; State v. Husband, 437 So.2d 269 (La.1983). We have held that because "[a]n essential element of the crime defined in [La. R.S. 14:95.1] is a defendant's prior conviction for one of the enumerated felonies," the state may introduce evidence of defendant's previous felony convictions as proof of an element of the crime charged and the manner in which the present offense was committed. State v. Sanders, 357 So.2d 492, 494 (La.1978).

Defendant, citing Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997), argues that his trial was tainted by unfair prejudice because the jury was told the name and nature of his previous felony conviction. In Old Chief, the defendant, who had previously been convicted of assault causing serious bodily injury, was charged with various federal crimes, including being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). That statute makes it unlawful for anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" to possess a firearm. "[A] crime punishable by imprisonment for a term exceeding one year" is defined to exclude "any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices" and "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." 18 U.S.C. § 921(a)(20).

The defendant in Old Chief sought a pre-trial ruling to prohibit the government from mentioning or offering any evidence at trial of his prior conviction; in exchange, he offered to stipulate to it. The prosecutor refused to do so, and the district court denied the defendant's motion. Consequently, the government proved the prior conviction to the jury who found Old Chief guilty as charged, and the Court of Appeals affirmed the conviction. United States v. Johnny Lynn Old Chief v. United States, 56 F.3d 75, 1995 WL 325745 (9th Cir.1995).

The United States Supreme Court, in a five-four decision, reversed the conviction. 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574. The majority accepted Old Chief's argument that evidence of a prior conviction could result in "unfair prejudice," i.e., a tendency to lure the trier of fact into finding guilt on a ground different from proof specific to the offense charged. Id. at 180, 117 S.Ct. 644. The Court considered the countervailing principles: (1) the prior offense is unquestionabl

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State v. Ball, 756 So. 2d 275, 1999 WL 1077084 (La. 1999).

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