State v. Beaulieu

122 So. 3d 1050, 2012 La.App. 4 Cir. 0735, 2013 WL 4017371, 2013 La. App. LEXIS 1605
CourtLouisiana Court of Appeal
DecidedAugust 7, 2013
DocketNo. 2012-KA-0735
StatusPublished
Cited by6 cases

This text of 122 So. 3d 1050 (State v. Beaulieu) 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. Beaulieu, 122 So. 3d 1050, 2012 La.App. 4 Cir. 0735, 2013 WL 4017371, 2013 La. App. LEXIS 1605 (La. Ct. App. 2013).

Opinion

MADELEINE M. LANDRIEU, Judge.

|TThe defendant, David M. Beaulieu, Jr., appeals his conviction of attempted possession of a firearm by a convicted felon and his sentence. For the reasons that follow, we affirm the conviction and sentence.

STATEMENT OF THE CASE

On April 11, 2011, Mr. Beaulieu was charged by bill of information with possession of a firearm by a convicted felon in violation of La. R.S.14:95.1. The bill of information provides that the incident occurred on March 15, 2009, and that Mr. Beaulieu had been previously convicted of three felonies.1

[1053]*1053Mr. Beaulieu was arraigned on April 27, 2011,2 at which time he entered a plea of not guilty. On May 19, 2011, the State filed a notice of intent to use evidence of other crimes pursuant to La. C.E. art. 404(B). After conducting a |2Priem3 hearing on June 20, 2011, the trial court granted the State’s motion, allowing the State to introduce evidence of Mr. Beau-lieu’s prior arrest for firearm possession on July 12, 2005, and his arrest for the same offense on June 28, 2009 (approximately three months after the charged offense).4

The matter was tried by a jury on November 14-17, 2011. After three days of trial, the jury found Mr. Beaulieu guilty of the lesser included offense of attempted possession of a firearm by a felon. Mr. Beaulieu was sentenced to seven years in the Department of Corrections, to run concurrently with any other sentences, with credit for time served.5 Mr. Beaulieu now appeals his conviction and sentence.

STATEMENT OF FACT

Officer Michael Wynn testified as to the events that had led to Mr. Beaulieu’s March 25, 2009 arrest, the offense at issue in this case. Officer Wynn stated that in March of 2009 he was a member of the First District Task Force and had been working as a police officer for four years. On the day of the incident, Officer Wynn was conducting a proactive patrol with his partner, Officer Sherrita Bishop, in a marked police car when he observed a Nissan with a cracked windshield and an expired brake tag driving west on N. Miro Street. The officers 1 ^initially lost sight of the Nissan when it turned down a side street, but were able to find and stop the vehicle shortly thereafter. Officer Wynn approached the Nissan from the passenger side and motioned for Mr. Beaulieu, who was sitting in the front passenger seat, to roll down the window. However, because the car was turned off, Mr. Beaulieu opened the passenger door instead. As soon as Mr. Beaulieu opened the car door, Officer Wynn observed a “gun ... the grip and the rear slide of a gun protruding from between the driver’s side seat and the center console.” Specifically, the officer testified that the “entire handle and about three inches or so of the rear slide” of the gun were exposed and located directly behind a gear shift or emergency brake. Officer Wynn then informed his [1054]*1054partner of the presence of the weapon and ordered the occupants out of the vehicle for officer safety. Officer Wynn later learned that the gun, a 9 millimeter Glock, was registered to the driver of the Nissan, Lerone Hines. However, after discovering Mr. Beaulieu had been previously convicted of a felony, “based on the location ... and visibility of the gun,” the officers placed him under arrest.

Officer Wynn testified that the visibility of the firearm led him to believe that Mr. Beaulieu had constructive possession of the weapon. He further stated that the firearm was a semi-automatic handgun comparable to the size and type of gun police officers carry.

14 Officer Joseph Pollard testified that Mr. Beaulieu’s fingerprints, name and date of birth matched those in the certified records of his three felony prior convictions in 1991,1995 and 1996, which records were introduced into evidence.

Detective Athena Monteleone testified regarding Mr. Beaulieu’s prior arrest on July 12, 2005. Det. Monteleone stated that on the night of July 12, 2005, she had been working for the First District Night Watch and had been setting up a perimeter in the 1900 block of St. Ann Street, where the Narcotics Unit had chased an armed felon. She testified that at approximately 4:05 a.m., she saw a vehicle driven by Mr. Beaulieu, approach the perimeter at the N. Prieur/St. Ann intersection.

Det. Monteleone testified that Mr. Beau-lieu slowed down when another officer attempted to get him to stop the car and turn around, but then he quickly accelerated towards the signaling officer, nearly hitting him. The vehicle then continued speeding down St. Ann towards Det. Mon-teleone’s direction. Det. Monteleone stated that she maintained her position, drew her weapon, and announced several times for Mr. Beaulieu to stop. When Mr. Beau-lieu was about fifteen feet from Det. Mon-teleone, Mr. Beaulieu swerved onto the sidewalk and crashed into the cement steps outside 1906 St. Ann. Det. Montel-eone and her partner, Officer Corey Keaton, then gave several verbal commands for Mr. Beaulieu to show his hands. Det. Monteleone testified that Mr. Beaulieu looked frantic, but after several officers had surrounded the vehicle, Mr. Beaulieu opened the vehicle door. The officers continued to order Mr. Beaulieu to show his hands. | ¡As Mr. Beaulieu exited the car, Det. Monteleone observed Mr. Beaulieu drop a “fully automatic Uzi” from his right hand. Det. Monteleone then handcuffed Mr. Beaulieu, and Officer Keaton retrieved the gun. Det. Monteleone testified that the gun contained seventeen rounds of ammunition, including one round in the chamber. A search incidental to Mr. Beaulieu’s arrest revealed a camouflage ski mask in Mr. Beaulieu’s front right pocket. After running Mr. Beaulieu’s name in the computer, the officers discovered he was on probation or parole for possession with the intent to distribute.

Det. Monteleone stated that neither the firearm nor the ski mask was present in the courtroom because most of the evidence had been destroyed during Hurricane Katrina.6 She also testified that gun had not been submitted to the crime lab for testing.

Officer Nicholas Morrell of the Special Operations Division testified with regard [1055]*1055to arrest of Mr. Beaulieu on June 28, 2009, approximately three months after the offense at issue. Officer Morrell stated that on the night of June 28, 2009, he and his partner, Officer Stephanie Caldwell, were patrolling the First District in a marked police unit when he observed Mr. Beaulieu, in a black SUV, driving the wrong way down N. Rocheblave Street, a one-way street. The officers u-turned, activated their police lights and sirens, and pulled Mr. Beaulieu over. After stopping Mr. Beaulieu, the officers activated their spotlight to illuminate the inside |fiof the vehicle, and Officer Morrell instructed Mr. Beaulieu over the speaker to roll down his window. The officers exited the police unit and began walking towards Mr. Beau-lieu’s vehicle — Officer Morrell approached from the driver’s side, and Officer Caldwell approached from the passenger side. Upon approaching the vehicle, Officer Morrell noticed a small child in the backseat. Officer Caldwell then alerted Officer Morrell that there was a gun in the vehicle. Mr. Beaulieu was then ordered out of the car, and Officer Caldwell retrieved the gun.

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Cite This Page — Counsel Stack

Bluebook (online)
122 So. 3d 1050, 2012 La.App. 4 Cir. 0735, 2013 WL 4017371, 2013 La. App. LEXIS 1605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beaulieu-lactapp-2013.