State v. Benoit

477 So. 2d 849, 1985 La. App. LEXIS 9948
CourtLouisiana Court of Appeal
DecidedOctober 10, 1985
DocketNo. 85-KA-185
StatusPublished
Cited by1 cases

This text of 477 So. 2d 849 (State v. Benoit) 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. Benoit, 477 So. 2d 849, 1985 La. App. LEXIS 9948 (La. Ct. App. 1985).

Opinion

BOWES, Judge.

Defendant, Robert E. Benoit, was charged on April 27, 1984, by a Jefferson Parish grand jury, with two counts of distributing a narcotic drug to a person under eighteen years of age (a violation of R.S. 40:981); one count of incest (in violation of R.S. 14:78) and one count of aggravated crime against nature (a violation of R.S. 14:89.1).

Defendant waived his right to a trial by jury, was tried before a district court judge [851]*851of the 24th Judicial District Court, and was found guilty as charged on all four counts. The trial judge sentenced Benoit to life imprisonment at hard labor on counts one and two and fifteen years at hard labor on counts three and four, with all sentences to run concurrently. From his convictions and sentences, appellant appeals.

Appellant filed three assignments of error:

ASSIGNMENT OF ERROR NUMBER 1

The trial court committed reversible error in denying defense counsel’s motion to suppress the taped statement of the defendant.

ASSIGNMENT OF ERROR NUMBER 2

The trial court committed reversible error in denying defense counsel’s motions for a mistrial and directed verdict.

ASSIGNMENT OF ERROR NUMBER 3

The trial court committed reversible error in sentencing the defendant to two terms of life imprisonment at hard labor, which sentences are excessive.

This case arose out of allegations by the defendant’s fifteen-year-old daughter and her thirteen-year-old girlfriend that appellant engaged in sexual activity with each girl and that, on one particular night, while the girls were visiting with Robert Benoit in his motel room, he gave alcohol and a Class II narcotic, Percodan (oxycodone), to the minors.

The trial court committed reversible error in denying defense counsel’s motion to suppress the taped statement of the defendant.

The facts of this case show that two statements were taken from the defendant. On January 14, 1984, Detective Judith Rice of the Jefferson Parish Sheriff’s Office took a statement which was written by Detective Rice as the defendant could not read or write. Detective Rice testified that she would write the questions as she asked them and would write down the defendant’s responses. In this statement, the defendant denied all of the allegations made against him. He denied taking certain nude photographs, he denied giving perco-dan to the juveniles, he denied having sexual acts with his daughter, and he denied any sexual activity with his daughter’s friend. This statement ended at 7:02 a.m., January 14, 1984.

Later that day, a consent to search the defendant’s home was obtained. Pursuant to that consent, the defendant’s apartment at 1546 Claire was searched and certain photographs were seized. Detective Rice testified that the reason for taking the second taped statement was because of a discrepancy between Benoit’s first statement and a later explanation as to who took the photographs that were seized and they wanted the defendant to tell the truth. Detective Dennis Dunn verified this and further testified that the second statement was also taken because there were two separate investigations — one by the Jefferson Parish Sheriff’s Office and one by the Gretna Police Department.

During the taping of the statement, the tape recorder was stopped because the defendant voiced objections to his statement being taped. Deputies Rice and Dunn both testified that the defendant objected to the use of the machine and that the taping was stopped until the use of the machine could be explained to the defendant. After the explanation, Benoit agreed to the use of the machine and the taping was resumed.

The defendant testified that while in the Gretna Police patrol car, Detective Dunn used threats in order to intimidate him into making a second statement. This allegation was denied by both Detectives Dunn and Rice, who were together in the car with Benoit for the ride back to Gretna Police Headquarters and who both participated in the taping of appellant’s second statement.

The law is clear that before a confession may be introduced into evidence, the State must affirmatively show that it was free and voluntary, and not constituted under the influence of fear, duress, intimidation, menaces, threats, inducements, or [852]*852promises. LSA R.S. 15:451; State v. Joseph, 454 So.2d 237 (La.App. 5th Cir.1984); State v. Jackson, 414 So.2d 310 (La.1982). In the present case, Detectives Dunn and Rice and Sergeant Chirchirello all testified that Benoit was advised of his Miranda rights several times before each confession; that he was never threatened, intimidated, or induced, etc.; that he was quite cooperative; and that he confessed freely and voluntarily. Additionally, the record reveals Benoit signed a waiver of rights form before giving each confession and the transcript of the taped statement discloses the following:

Question by Detective Dunn: And once again, did anyone threaten you to give this taped statement?
Answer by defendant: No, sir, ya’ll were good to me.
Question: And you gave this taped statement of your own free will?
Answer: Yes, sir.

After hearing argument of counsel, the learned trial judge ruled that the State had borne its burden of proof that defendant’s taped statement was freely and voluntarily given and thus was admissible.

Under our jurisprudence, the trial court’s conclusion on the credibility and weight of testimony relating to the vol-untariness of a confession for the purpose of admissibility are given great weight. The trial court’s decision will not be overturned on appeal unless it is not supported by the evidence. Because the defendant produced no evidence to refute the testimony of either witness, the trial judge did not abuse his discretion. State v. Mullins, 353 So.2d 243 (La.1977); State v. Gaines, 354 So.2d 548 (La.1978); State v. Jones, 395 So.2d 751 (La.1981).

State v. Terracina, 430 So.2d 64 (La.1983). We find the trial judge’s ruling amply supported by the record and this assignment without merit.

The trial court committed reversible error in denying defense counsel’s motions for a mistrial and directed verdict.

At the close of the State’s case, the defense moved for a directed verdict in connection with counts 1 and 2, distribution of a narcotic drug, Oxycodone, to the two juveniles, claiming that the State failed to sustain its burden of proof and that a reasonable trier of fact, viewing the evidence presented at trial in the light most favorable to the prosecution, could not have found the defendant guilty of distribution of a narcotic to the two juveniles. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

A motion for judgment of acquittal raises a sufficiency question, and the Supreme Court, in State v. Hargrave, 411 So.2d 1058, 1061 (La.1982), held that “[t]he denial of such a motion may be reversed on appeal only if there is no evidence of the crime or an essential element thereof or where the denial is a palpable abuse of discretion. State v. Vaughn, 378 So.2d 905 (La.1979) [emphasis added]”

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Bluebook (online)
477 So. 2d 849, 1985 La. App. LEXIS 9948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benoit-lactapp-1985.