State v. Barnes

685 So. 2d 1148, 1996 WL 709198
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket28835-KA
StatusPublished
Cited by24 cases

This text of 685 So. 2d 1148 (State v. Barnes) 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. Barnes, 685 So. 2d 1148, 1996 WL 709198 (La. Ct. App. 1996).

Opinion

685 So.2d 1148 (1996)

STATE of Louisiana, Appellee
v.
Ricky Ray BARNES, Appellant.

No. 28835-KA.

Court of Appeal of Louisiana, Second Circuit.

December 11, 1996.

*1149 David S. Williams, Shreveport, for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Hugo A. Holland, Jr., Assistant District Attorney, for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

WILLIAMS, Judge.

The defendant, Ricky Ray Barnes, was charged by bill of information with armed robbery, a violation of LSA-R.S. 14:64. A jury found the defendant guilty as charged. Subsequently, the defendant filed a motion for arrest of judgment and a motion for a new trial, both of which the trial court denied. After adjudicating the defendant a fourth felony offender, the trial court sentenced him to serve the mandatory sentence of life imprisonment without the benefit of parole, probation, or suspension of sentence. Defendant appeals his conviction and sentence. For the reasons assigned below, we affirm.

FACTS

On August 18, 1994, around midnight, Shyjuntay Evans and Demetrious Jackson were cleaning up after having closed the McDonald's on Linwood Avenue, in Shreveport, Louisiana. Jackson opened the back door to take out the trash, and two black men were standing near the door. Each man had a panty hose mask over his face and was carrying a small handgun. One man was wearing a blue jacket and jeans and the other a brown jacket and jeans. The men entered the store, threatened to shoot Evans and Jackson, and ordered them to lie on the floor. One man stayed with Evans and Jackson while the other man went into the office where the manager, Archie Ray Dickson, was counting the money from the registers.

According to Dickson, a man wearing a panty hose mask with the eyes cut out came into the office where he was counting the money, pointed a gun at him, and ordered him to lie on the floor. Dickson could tell from the skin around the eyes that the man was black. After Dickson lay on the floor, the man put the gun to Dickson's head and told Dickson to open the safe. After Dickson opened the safe, he did not observe the robber's actions. Several minutes later, the robber took Dickson to the rear of the store and made him lie on the floor with Evans and Jackson. About five or ten minutes after the robbers left, Dickson called the police and reported the robbery.

The next day, law enforcement officers went to Dickson's home and asked him to verify that items they had recovered were items taken in the robbery. Dickson identified *1150 a green, locked deposit bag with "McDonald's Linwood" written on it and a green Pioneer Bank bag containing McDonald's gift certificates. He also identified photographs of these items at trial. Dickson estimated that the total amount of money taken during the robbery was $1200.00.

Dickson could not identify the robbers and could not give a description of their clothing. However, he did note that the man who entered the office and ordered him to open the safe had on what looked like brown gloves in addition to the pantyhose mask. Dickson was also able to describe the robber's gun as a rusty silver .22.

Officer S.T. Porter of the Shreveport Police Department testified that at approximately 1:40 a.m. on the night of the robbery, he noticed a green, older model Buick Electra traveling on Greenwood Road. Officer Porter first noticed the vehicle because it had dealer license tags secured with screws. The officer testified that the license tag raised his suspicions because, in his experience, dealer tags were normally magnetized and not secured with screws. He also testified that dealer tags are usually seen on newer and cleaner cars and not on older vehicles. As soon as Officer Porter began to follow the vehicle, the Buick slowed to twenty-five miles per hour in a forty or forty-fivemile per hour speed zone. The Buick then switched lanes without signaling. After switching lanes, the vehicle turned onto Mertis Street from Greenwood Road and Officer Porter noticed that the back vent window was broken. The officer testified that in his experience, this observation suggests that the car was stolen because a broken vent window is often the point of entry in a car theft.

Officer Porter notified headquarters that he was going to make a traffic stop and requested backup. The officer then initiated the traffic stop by turning on his emergency lights and siren. The Buick turned onto Jackson Street and continued for a full block before stopping. When the vehicle stopped, the defendant got out of the car and walked toward Officer Porter's car. Officer Porter met the defendant at the front of the police vehicle, and after a brief conversation, the two men proceeded to the defendant's vehicle so that the defendant could search for his proof of ownership.

When he approached the defendant's car, Officer Porter noticed the passenger, John Perkins, was sitting in the car holding a brown vinyl bag in his lap. When Officer Porter asked Perkins if any guns were in the bag, Perkins said no and voluntarily gave the bag to the officer. When Perkins moved to give the officer the bag, Officer Porter noticed a handgun laying at Perkins' feet. The officer asked Perkins to get out of the car. As Officer Porter reached to retrieve the gun, he saw another gun on the floorboard and he seized both guns. Officer Porter testified that the first gun seized was a blue.38 special revolver, and the second gun was a silver .22 that was not in good condition. On the floorboard of the driver's side of the vehicle, Officer Porter also noticed a blue bandana, a leg of pantyhose, and a pair of sunglasses. The officer did not attempt to seize the other items at that time. Meanwhile, during Officer Porter's conversation with the defendant and Perkins, Officer Kevin Perry of the Shreveport Police Department arrived to give backup assistance. Officer Porter gave the guns to Officer Perry to run a check to determine if they were stolen. While waiting for the information on the guns, Officer Porter looked inside the brown bag Perkins had given him and discovered a Pioneer Bank bag with McDonald's gift certificates inside. The officer testified that this discovery alerted him that there may have been a robbery at a McDonald's.

After running the check on the guns, the officers discovered that Perkins was wanted for a parole violation and that the gun found near him was stolen. Perkins was placed under arrest. Officer Porter then contacted headquarters to see if an armed robbery had been reported that evening. The dispatcher responded that officers were working an armed robbery at the McDonald's on Linwood Avenue. Officer Porter radioed Officer Thomas Morgan who was working the armed robbery to obtain a description of the robbery suspects. Officer Morgan gave him the following description: two black males, one about six feet tall, one five feet, eight inches *1151 tall, both slender; one wearing a brown jacket and one wearing a blue jacket and pantyhose stocking. Officer Morgan also advised that one of the guns used in the robbery was a rusted silver .22. Upon receiving the information from Officer Morgan, Officer Porter searched the car and found a blue sweatshirt jacket and a dirty gray sweatshirt jacket that appeared brownish in color. He also seized the bandana, pantyhose, and sunglasses he had seen earlier. The officer then advised the defendant of his Miranda rights and that the officers were now investigating an armed robbery.

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Cite This Page — Counsel Stack

Bluebook (online)
685 So. 2d 1148, 1996 WL 709198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnes-lactapp-1996.