State v. Bean

899 So. 2d 702, 2005 WL 676411
CourtLouisiana Court of Appeal
DecidedMarch 24, 2005
Docket2004 KA 1527
StatusPublished
Cited by7 cases

This text of 899 So. 2d 702 (State v. Bean) 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. Bean, 899 So. 2d 702, 2005 WL 676411 (La. Ct. App. 2005).

Opinion

899 So.2d 702 (2005)

STATE of Louisiana
v.
Joseph BEAN

No. 2004 KA 1527.

Court of Appeal of Louisiana, First Circuit.

March 24, 2005.
Rehearing Denied May 11, 2005.

*704 Doug Moreau, District Attorney, Kory J. Tauzin, Assistant District Attorney, Baton Rouge, for State of Louisiana.

J. Rodney Messina, Baton Rouge, for Defendant-Appellant Joseph Bean.

Before: PARRO, KUHN, and WELCH, JJ.

*703 PARRO, J.

The defendant, Joseph Bean, was charged by bill of information with three counts of theft of goods (value of $500 or more on each count), violations of LSA-R.S. 14:67.10. The defendant entered a plea of not guilty as to each count and waived his right to a trial by jury. After a bench trial, the defendant was found guilty as charged as to counts one and two and not guilty as to count three. The defendant stipulated to the petition to establish habitual offender status and was adjudicated a second felony offender. As to count one, the defendant was sentenced to four years of imprisonment at hard labor. As to count two (enhanced pursuant to the habitual offender adjudication), the defendant was sentenced to five years of imprisonment at hard labor. The sentences were ordered to be served concurrently. The trial court denied the defendant's motion to reconsider sentence. A second motion to reconsider sentence filed by the defendant was also denied by the trial court.

The defendant now appeals, arguing that the evidence was insufficient to support the convictions. We affirm the defendant's conviction and sentence as to count one, and affirm the conviction, the habitual offender adjudication, and the sentence imposed in count two.

FACTS

With respect to count two, on or about July 11, 2001, at approximately 10:23 p.m., the defendant and an unknown co-perpetrator began lingering in the electronics department of the Super K-Mart, located on Millerville Road in Baton Rouge, Louisiana. The store had received seven Hewlett-Packard computers on that date and placed them on display in front of the electronics department. Mike Fontenot, loss prevention manager of the Super K-Mart, positioned a camera that would record the vicinity of the computer display.

At approximately 10:34 p.m., the defendant and the co-perpetrator selected a Hewlett-Packard computer and placed it in their shopping cart. Both subjects then walked away from the shopping cart but remained in the store. Minutes later, the co-perpetrator returned to the electronics department and observed the computers that remained on display. Both subjects continuously loitered in or near the electronics department. The co-perpetrator retrieved the shopping cart that contained the computer and began pushing it around. According to Randall Harrison, the clerk of the electronics department at that time, the defendant and the co-perpetrator inquired about the computer and seemed very interested in it. Ultimately, Harrison removed the computer from the shopping *705 cart and placed it back on display. Harrison's shift ended at 11:00 p.m. and at approximately that time, he closed his register in preparation for his departure. The defendant followed Harrison as he walked back and forth through the area before his departure.

The co-perpetrator returned to the electronics department after Harrison's departure and again removed a Hewlett-Packard computer from the display area and placed it into a shopping cart. After walking around the vicinity of the shopping cart and monitoring the area, the co-perpetrator placed the computer back on display and walked away from the area. Moments later, the defendant and the co-perpetrator returned to the electronics department. The defendant removed one of the computers and placed it on the floor next to their shopping cart. Both subjects then walked away from the area. The co-perpetrator returned to the shopping cart, placed the computer inside of it, and again walked away from the cart. After the defendant and the co-perpetrator paced in and out of the area for several minutes, the co-perpetrator (at approximately 11:19 p.m.) pushed the shopping cart containing the computer out of the electronics department.

The next morning, Harrison noticed that one of the computers that had been placed on display was no longer there and informed Fontenot of his observation. Fontenot utilized a scanning system, referred to as a remote unit or RMU, to determine the exact number of computers that should be present in the store and the number that were sold. According to the RMU, seven computers should have been in the store. Fontenot also checked the sales transacted on the store cash registers. He concluded that the computer had not been purchased. An attempt to locate the missing computer in the store was unsuccessful. Harrison and Fontenot reviewed the computer display area surveillance tape from the night before. They observed what appeared to be a white box in a shopping cart, as it was being pushed through the south exit of the store at approximately 11:20:26 p.m. According to Fontenot's testimony, he further reviewed the surveillance tape of that moment (consisting of a time lapse system) from the camera facing the south exit. The view of the south exit camera only allowed the observation of the back of individuals as they exited the store. Fontenot observed two individuals exiting the store with a computer box in a shopping cart. He indicated that the two individuals were the same individuals whom he viewed loitering around the electronics department and computer display and ultimately loading a computer into a shopping cart. The value of the missing Hewlett-Packard computer was $799.

With respect to count one, on or about September 25, 2001, John Trahan, Jr., a Super K-Mart loss prevention associate at the time, entered the store camera surveillance room at approximately 10:30 p.m. and began observing the defendant on the monitor in the electronic department (the same location as in count two). The defendant began loading several DVD movies into a large container positioned in his shopping cart. Trahan called the East Baton Rouge Parish Sheriff's office and informed the dispatcher of the events in progress. Deputy Stephen Hill and Corporal Lari Sequin of the East Baton Rouge Parish Sheriff's office were immediately summoned to the Super K-Mart store.

The defendant proceeded to the CD section and loaded several CDs into the container. The defendant went back to the DVD section and loaded several more DVDs into the container. He placed the top on the container, walked out of the *706 electronics department, proceeded to the rear of the store, walked across other store departments, and proceeded towards the grocery exit of the store. The defendant stopped near the cosmetics department, removed the container from the shopping cart, and placed it over a fence, beyond the E-A-S pedestals.[1] The defendant then walked to the vestibule area of the store. Moments later, the defendant exited the store and was immediately detained by Hill and Sequin. The defendant was escorted to the loss prevention office. The defendant did not cooperate with the officers' attempts to determine his identity. The defendant was arrested based on several charges, including two counts of theft (one based on count two as detailed above), felony theft (this incident, count one), and resisting an officer.

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Cite This Page — Counsel Stack

Bluebook (online)
899 So. 2d 702, 2005 WL 676411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bean-lactapp-2005.