State v. Black

12 So. 3d 1014, 2009 La. App. LEXIS 813, 2009 WL 1315820
CourtLouisiana Court of Appeal
DecidedMay 13, 2009
Docket44,214-KA
StatusPublished

This text of 12 So. 3d 1014 (State v. Black) 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. Black, 12 So. 3d 1014, 2009 La. App. LEXIS 813, 2009 WL 1315820 (La. Ct. App. 2009).

Opinion

STEWART, J.

11Defendant, Jonathan Lee Black, was charged with one count of attempted armed robbery and found guilty as charged. The trial court sentenced the defendant to serve 23 years’ imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. He now appeals, urging two assignments of error. For the reasons stated herein, we affirm the defendant’s conviction and sentence.

FACTS

The following facts were adduced at the defendant’s trial. At approximately 5:30 a.m. on January 10, 2005, LaShanna Owens, a manager at the McDonald’s restaurant located at 6205 Youree Drive in Shreveport, was inside the store preparing to open for the day. She noticed two young black males walking back and forth in the parking lot, often stopping to look into the window of the restaurant. Ms. Owens recognized the defendant as one of these men because the defendant’s brother was an employee at the restaurant. After becoming suspicious of their odd behavior, she called the police.

Officer Steven Masson and Officer Brandon Chandler of the Shreveport Police Department (“SPD”) arrived shortly thereafter. Officer Masson stated that he pulled his patrol car into the north parking lot and saw the defendant and another man standing near the drive-through window. Officer Masson testified that when the men saw him, they “fled behind the building toward the car wash and then across the street into Colonial Plaza apartments.” Officer Brandon Chandler drove into the south parking lot just as the men ran by.

| gBoth officers chased the men on foot into the apartment complex. They witnessed them attempting to get into the back seat of a car that was backing up in the complex parking lot. The officers ordered all of the people out of the car. Three of the four people in the car complied, but a fourth person, later identified as the defendant, fled on foot and escaped. Police arrested the other male who was with the defendant outside the McDonald’s. He was identified as 16-year-old Kevin Fisher. The driver and other occupant, later identified as Damien Smith and Delicia Glass, were released pending further investigation.

Later that morning, other SPD officers found a .38 caliber handgun while searching the McDonald’s parking lot. In the meantime, the SPD detective handling the case, Detective Rod Demery, had developed the defendant as a suspect. Detective Demery went to the defendant’s home, but the defendant was not there. Later that day, the 17-year-old defendant appeared at the police station and agreed to speak with the detective. That statement was recorded on audio tape.

The audio tape was not played for the jury because the defendant mentioned several other crimes during the interview. By joint stipulation, the parties agreed that Detective Demery did indeed tape the defendant’s statement, and that his testimony would be based upon that interview. The detective said that the defendant initially denied any knowledge of the attempted armed robbery. Later in the in *1017 terview, the defendant admitted that he was the fourth person at the scene that morning and that the others had planned a robbery. He told Detective Demery that he informed the |sothers that he didn’t want anything to do with the robbery because his brother worked at the McDonald’s. Black identified Fisher as the man with the gun and minimized his own role in the planning and execution of the robbery. He said that his role was to be a lookout. Black also described the firearm to the detective and said that Fisher had thrown it down as they ran away. The detective testified that Black “didn’t say specifically that Fisher had a gun and was going to go rob McDonald’s. He did say Fisher was armed and what the plan was.”

The defendant elected to testify. He said that Fisher had been at a teenage club until after 2:00 a.m. on that morning, and that Fisher and the others had picked him up after leaving the club. He then testified that the group had gone to a nearby apartment complex, Colonial Plaza, at about 3:30 a.m. The defendant explained that the group waited at the apartment complex until about 5:30 a.m. for one of the defendant’s friends, a McDonald’s employee named Crystal Raspberry, to arrive at the restaurant. The defendant testified that Ms. Raspberry routinely gave him free McDonald’s food and that obtaining the free food was his purpose for waiting two hours in the apartment complex parking lot for the restaurant to open.

The defendant said that he and Fisher had been standing in the open in the restaurant parking lot when police arrived. Black stated that he and Fisher initially approached the officer, but fled when the officer got out of the patrol car, drew his weapon and said “Get down.” Black said that there had never been any plan to rob the McDonald’s, that he had never told |4Detective Demery that there had been such a plan, and that Detective Demery was lying to the jury when he said that Black told him that the men had discussed robbing the McDonald’s.

In rebuttal, the state recalled Detective Demery and played a portion of the tape of his interview with the defendant. According to the recording, the defendant told the detective that Fisher asked him, “When you going to let me hit that lick at McDonald’s?” and that the defendant told the detective that he told Fisher that he wanted no part of the robbery. The defendant further explained that he actually knew nothing of the inside of the store and could not provide information on that subject. He also stated that he was afraid that he would be recognized by the other employees.

The defendant said that Fisher came by his house the day before the robbery, and that they went to the defendant’s girlfriend’s house. Fisher reportedly said to the defendant, “We’re going to hit that lick in the morning at 5:00 when somebody gets there.” According to the Detective Demery, the defendant also said that Fisher told the others “where they’re all going to be and what they’re going to do” as a part of the robbery.

The defendant further told Detective Demery that he was in the car with the other two people and that Fisher was the one who kept going back and forth to the restaurant waiting for someone to arrive so he could complete the robbery. The defendant stated, “All he wanted me to do was be standing out there ... I guess so he could feel safe or something, he wanted me to be standing out there while he went in.” The detective testified that Black told him that he knew that Fisher had a gun. The | r,defendant failed to mention anything to Detective Demery about waiting for a friend who would give him free food and said nothing to suggest that he did not *1018 know that Fisher had a gun prior to the robbery.

The defendant was found guilty as charged of attempted armed robbery. Both the defendant and his counsel filed a motion for post-verdict judgment of acquittal, which the court denied. The court held a sentencing hearing on June 11, 2008. The court denied the defendant’s motion for new trial, and the defendant waived the delay for sentencing. The court then sentenced Black to serve 23 years’ imprisonment at hard labor without benefits.

Through counsel, Black verbally objected to the sentence without stating a ground for the objection.

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Bluebook (online)
12 So. 3d 1014, 2009 La. App. LEXIS 813, 2009 WL 1315820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-black-lactapp-2009.