State v. Bannister

88 So. 3d 628, 2012 La. App. LEXIS 156, 2012 WL 469869
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2012
DocketNo. 11-KA-602
StatusPublished
Cited by14 cases

This text of 88 So. 3d 628 (State v. Bannister) 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. Bannister, 88 So. 3d 628, 2012 La. App. LEXIS 156, 2012 WL 469869 (La. Ct. App. 2012).

Opinion

SUSAN M. CHEHARDY, Judge.

laOn appeal, defendant challenges his conviction for attempted second degree murder and his multiple offender adjudication. Upon review, we affirm his underlying conviction and multiple offender adjudication but vacate defendant’s underlying and enhanced sentences.

Facts

At trial, Larry St. Amant testified that, on September 4, 2006, which was Labor Day that year, he was driving his sister’s champagne-colored Cadillac, traveling west on Jefferson Highway toward Ken-ner. He was driving in the far right-hand lane when a white vehicle pulled up on the left side of his vehicle and a person “started firing” a handgun at him.

Mr. St. Amant stated that, when the first bullet shattered the driver’s side window, he “leaned down towards the passenger seat and hit the gas” and continued to travel west on Jefferson Highway. The next thing that St. Amant remembered, he [632]*632stopped the car,1 exited, and “started running” toward McDonald’s [ ^.Restaurant on the corner of Jefferson Highway and Causeway Boulevard. St. Amant entered the side door of the McDonald’s, ran through the restaurant, and exited by the back door.

Ms. Jayda Williams, the shift manager at McDonald’s on September 4, 2006, testified that, on the night in question, she saw a black man run into the restaurant from a side door then exit through the back door. After she “ducked down” behind the register at the front counter, she saw another black man, who was carrying a gun, enter the restaurant and state, ‘You can’t run for long.” The man with the gun did not raise his gun or threaten anybody just exited the restaurant and drove off in a white vehicle.2 Eventually, the victim returned to McDonald’s.3 Jefferson Parish Sheriffs deputies arrived shortly thereafter.

After EMS transported Mr. St. Amant to the emergency room, the attending physician determined that Mr. St. Amant had been shot in his hand and both of his elbows. St. Amant showed the scars from his injuries to the jury.

When Mr. St. Amant spoke with Deputy Lamar Hooks of the Jefferson Parish Sheriffs Office on the scene, he informed them that he could not describe the suspect’s vehicle and did not know who shot him. Deputy Hooks inspected the victim’s vehicle. He observed a significant amount of blood in the front seat area of the vehicle, including on the console, on the passenger’s seat and on the driver’s door handle. On the floor of the vehicle, Deputy Hooks observed glass fragments from the driver’s door window, which had been shattered. Deputy Hooks further testified that there was a bullet hole in the driver’s side door of the vehicle and a projectile was found in the “chrome moulding [sic]” area of the driver’s door. However, he did not find a weapon or casings in the vehicle. Deputy Hooks also ^searched near the intersection of Labarre and Jefferson Highway where the shooting began. However, he did not find any casings or bullets in that area.

St. Amant further testified that, when he spoke with Detective Dave Morales on September 6, 2006, he admitted that he knew the man that shot him. At that point, he identified the shooter as defendant herein, Bennie Bannister. St. Amant stated that he knew defendant because St. Amant has a child with the man’s niece, Danielle Bannister. Thereafter, Detective Morales obtained an arrest warrant for defendant for attempted murder.

At trial, Detective Morales testified that he received a call on September 19, 2006, from a man who identified himself as defendant who admitted that he “had shot Larry St. Amant on Jefferson Highway by McDonald’s.” Furthermore, he told Detective Morales that “he was going to go to California, get money for an attorney and [633]*633then turn himself in.” However, defendant never turned himself in.

Robin Anderson, defendant’s best friend of 19 years, testified that in the month and a half leading up to the night of the incident, defendant indicated that he was afraid that St. Amant was following him and wanted to harm him. However, she never saw St. Amant following defendant. She testified that she believed defendant when he told her that he was in fear for his life because of St. Amant. Furthermore, defendant told her that he did not want to kill St. Amant, he just wanted St. Amant to leave his family alone.

At trial, Lieutenant Danny Jewell of the Jefferson Parish Sheriffs Office, Narcotics Division, testified that, on December 6, 2006, his team arrested defendant at the Beechgrove Apartments in Jefferson Parish. After Lt. Jewell read defendant his rights, defendant stated that he shot St. Amant because he believed St. Amant was stalking him “in order to do him harm.” He further testified that the | ^police recovered a 9 mm handgun from the apartment where defendant had been residing.

The State and defense counsel entered into two stipulations regarding the handgun. They stipulated that Louise Waltzer is an expert in firearms identification who determined that the projectile found in the victim’s vehicle was fired from the 9 mm handgun recovered in the defendant’s Bee-chgrove apartment. The State and defense counsel further stipulated that Sarah Corgan, who is an expert in the field of forensic DNA analysis, would have testified that DNA obtained from the slide of the 9 mm semi-automatic handgun was consistent with the DNA profile of the defendant.

Procedural History

On February 1, 2007, a Jefferson Parish Grand Jury indicted defendant, Bennie Bannister, in a true bill of information, on one count of attempted second degree murder, in violation of La. R.S. 14:27:30.1, for the attempted homicide of Larry St. Amant.4 At his arraignment, defendant entered a plea of not guilty.

On February 9, 2011, defendant proceeded to trial for the attempted second degree murder of Larry St. Amant. After a three-day trial, a twelve-person jury found defendant guilty as charged. On February 23, 2011, the trial court sentenced defendant to 25 years in the Department of Corrections.5 At that time, the State filed a bill of information alleging that defendant was a second felony offender and defendant denied those allegations.

|fiOn April 27, 2011, after a hearing, the trial court found that the State presented sufficient proof that defendant was a second felony offender and adjudicated defendant as such. On May 11, 2011, the trial court sentenced defendant to 35 years imprisonment in the Department of Corrections.6 This timely appeal follows.

[634]*634On appeal, defendant rafees four assignments of error: first, the evidence was insufficient to support the verdict in that it failed to prove beyond a reasonable doubt that the shooting of St. Amant was done with the specific intent to kill and not done in self-defense; second, the State failed to prove that the ten-year cleansing period had not run; third, the trial court imposed an excessive sentence; and finally, it was error to sentence appellant immediately following the denial of the Motion for New Trial without “honoring the 24-hour[sic] delay required by La.C.Cr.P. Art. 873.[sic]”

Law and Analysis

In his first assignment of error, defendant argues that the evidence was insufficient to support the verdict beyond a reasonable doubt for two reasons: first, the State failed to prove his specific intent to kill St.

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Cite This Page — Counsel Stack

Bluebook (online)
88 So. 3d 628, 2012 La. App. LEXIS 156, 2012 WL 469869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bannister-lactapp-2012.