State v. Baudier

789 So. 2d 696, 2000 La.App. 4 Cir. 1108, 2001 La. App. LEXIS 1596, 2001 WL 670492
CourtLouisiana Court of Appeal
DecidedMay 23, 2001
DocketNo. 2000-KA-1108
StatusPublished
Cited by7 cases

This text of 789 So. 2d 696 (State v. Baudier) 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. Baudier, 789 So. 2d 696, 2000 La.App. 4 Cir. 1108, 2001 La. App. LEXIS 1596, 2001 WL 670492 (La. Ct. App. 2001).

Opinion

1BYRNES, Chief Judge.

STATEMENT OF CASE

Brian Baudier and Andrew Krantz were charged by bill of information on February 16,1996, with armed robbery, a violation of La. R.S. 14:64. Baudier1 pled not guilty at his arraignment on February 23, 1996. The jury convicted him of first degree robbery on May 14,1998. On July 9,1998, the State filed a multiple bill of information. On April 15, 1999, the court adjudged the defendant a second offender, and sentenced him to serve forty years, without benefit of parole, probation or suspension of sentence.

STATEMENT OF FACT

On December 12, 1995, Dan Ryan visited the city on business. At about 7:30 p.m. that night, as Ryan walked in the French Quarter, he passed two men standing on Chartres Street. Ryan continued walking on Chartres Street toward Canal Street, and as he walked, he heard the men whispering, and following him. Concerned for his safety, Ryan crossed the street. The two men followed. Shortly thereafter, one of the men, holding a knife, grabbed Ryan’s shoulder, while the other suspect ordered him to place his money on the ground. Ryan complied, ^throwing money and a Marriott Hotel card to the ground. The assailants retrieved the items, and fled. Ryan proceeded to the [700]*700police station on Royal Street, reported the incident, and supplied a description of the suspects. Later that night, Ryan received a telephone call from a St. Bernard Parish deputy, asking if he had lost his Marriott Hotel card. The next day, Ryan identified the defendant as the knife-wielding assailant from an NOPD photographic lineup. At trial, Ryan unequivocally testified that the defendant was the man who threatened him with a knife.

At approximately 10:00 p.m. on December 12, 1995, St. Bernard Parish Deputy Michael Minton and his partner were on patrol in an unmarked vehicle, when they saw Andrew Krantz make several unsuccessful attempts to activate a gasoline pump with a credit card. Deputy Minton observed Krantz return to his vehicle, with Brian Baudier in the front passenger seat, and drive east on Judge Perez Drive. As Krantz drove, he made several erratic, un-signaled lane changes. The officers activated their lights, and effected a traffic stop. Before Krantz exited the vehicle, Officer Minton observed him place an object into his seat. The officer ordered Baudier to exit the vehicle also, and secured the two at the rear of the Krantz vehicle. Officer Minton inspected the interior of the Krantz vehicle, and retrieved a Marriott Hotel card bearing the name “Dan Ryan”. Krantz and Baudier denied any knowledge of the card, and after giving Minton their names, addresses and telephone numbers, he released them. Minton subsequently learned that the card was reported stolen. He notified the NOPD, and arrest warrants were issued for Krantz and Baudier. Krantz turned himself in, and surrendered a rock-blade silver knife, which Minton released to Detective Puigh of the NOPD.

I,NOPD Officer Ronald Puigh’s investigation of the Ryan robbery developed Brian Baudier and Andrew Krantz as suspects. Officer Puigh assembled two photographic lineups. From one of the lineups, the victim identified Brian Baudier as the assailant holding the knife; however, the victim was unable to identify the other assailant from the second lineup. After Puigh took Krantz into custody from St. Bernard Parish authorities, Krantz gave handwritten and tape-recorded statements, which resulted in Krantz being charged as an accessory after the fact of armed robbery. Brian Baudier was arrested by Slidell authorities, and turned over to the NOPD.

Colleen Steward testified that her son, Brian Baudier, and Scott Poland2 bear a striking resemblance to one another.

Brian Baudier testified that he, Andrew Krantz and Scott Poland socialized with friends, Rebecca Williams and Shane Boise, at a French Quarter bar on the night of December 12, 1995. The group left the bar at about 8:00 p.m. to go home. Krantz and Poland walked ahead of Baudier, Williams and Boise. Baudier noticed Krantz and Poland engage in a brief conversation with a pedestrian, and then run away. The five friends regrouped at their vehicle and when Baudier asked Krantz and Poland what happened between them and the man walking in the French Quarter, they dismissed his question. The group drove to Chalmette, where they visited another friend for approximately forty-five minutes. Krantz and Baudier left the house to get gas for their drive to Slidell. When the pair arrived at the gas station, Krantz acted “foolish”, and tried to use a “credit card” to activate the pump. St. Bernard Parish deputies pulled them [701]*701over after they left the gas station, |4and discovered the “credit card” -in the vehicle. Baudier denied knowledge of the card. The officers took their names, addresses and telephone numbers, telling them that if the card were stolen, the officers would contact them. Krantz and Baudier drove to Krantz’s brother’s house in Slidell.

ERRORS PATENT

A review for errors patent on the face of the record reveals none.

ASSIGNMENT OF ERROR NUMBER 1

In his first assignment of error, the defendant alleges that the State failed to present sufficient evidence to support a conviction of first degree robbery. He argues that he did not match the description the victim gave the police the night of the incident.

This court set out the well-settled standard for reviewing convictions for sufficiency of the evidence in State v. Ragas, 98-0011 (La.App. 4 Cir. 7/28/99), 744 So.2d 99, as follows:

In evaluating whether evidence is constitutionally sufficient to support a conviction, an appellate court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of act could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Green, 588 So.2d 757 (La.App. 4 Cir.1991). However, the reviewing court may not disregard this duty simply because the record contains evidence that tends to support each fact necessary to constitute the crime. State v. Mussall, 523 So.2d 1305 (La.1988). The reviewing court must consider the record as a whole since that is what a rational trier of fact would do. If rational triers of fact could disagree as to the interpretation of the evidence, the rational trier’s view of all the evidence most favorable to the prosecution must be adopted. The fact finder’s discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection of due process of law. Mussall; Green; supra. “[A] reviewing court is not called upon to decide whether it | fibelieves the witnesses or whether the conviction is contrary to the weight of the evidence.” State v. Smith, 600 So.2d 1319 (La.1992) at 1324.
In addition, when circumstantial evidence forms the basis of the conviction, such evidence must consist of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Shapiro, 431 So.2d 372 (La.1982). The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra,

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Bluebook (online)
789 So. 2d 696, 2000 La.App. 4 Cir. 1108, 2001 La. App. LEXIS 1596, 2001 WL 670492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baudier-lactapp-2001.