State v. Boddie

683 So. 2d 1246, 1996 La. App. LEXIS 2391, 1996 WL 577459
CourtLouisiana Court of Appeal
DecidedOctober 9, 1996
DocketNo. CR96-155
StatusPublished

This text of 683 So. 2d 1246 (State v. Boddie) 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. Boddie, 683 So. 2d 1246, 1996 La. App. LEXIS 2391, 1996 WL 577459 (La. Ct. App. 1996).

Opinion

| iPETERS, Judge.

Defendant, Donna Boddie, was charged by bill of information with illegal possession of stolen things having a value of over $500.00, in violation of La.R.S. 14:69 (count one); conspiracy to commit theft of property having a value of greater than $100.00 but less than $500.00, in violation of La.R.S. 14:26 and La.R.S. 14:67 (count two); and theft of property having a value of over $100.00 but less than $500.00, in violation of La.R.S. 14:67 (count three). After trial by jury, the defendant was convicted on all three counts. The trial court then sentenced her to serve forty-eight months at hard labor on count one, twelve months at hard labor on count two, and twenty-four months at hard labor on count three, with the sentences to run concurrently with each other, subject to credit for time served. The defendant appeals, asserting three assignments of error, one of which has been abandoned.

DISCUSSION OF THE RECORD

There is little dispute as to the facts giving rise to these criminal charges. On ^December 8, 1993, Martha Ann Holmes, Dion Winfield, Susie Manuel, Diane Lynch, and the defendant drove to DeRidder, Louisiana, from the Sabine Parish area for the specific purpose of shoplifting. While the defendant and two of the other women were in the Payless Shoe Source in DeRidder, the store manager became suspicious and called the police. A short time later, all five of the females were apprehended and placed under arrest. At trial, the principal evidence used to convict the defendant was the testimony of codefendants, the testimony of the Payless Store manager, and the defendant’s voluntary statement.

ASSIGNMENT OF ERROR NO. 1:

By defendant’s first assignment of error, she argues that the trial court erred by allowing the state to peremptorily challenge two black jurors on the venire: Lee Holmes and Curtis L. Gosey. The defendant asserts that these two individuals were the only two potential black jurors on the venire “that were called into the box to serve.”1

At the time of the voir dire proceedings, Holmes was employed by the Beauregard Parish Police Jury as a custodian at the courthouse, where he had worked for thirteen years. Holmes did not think his interaction with the courthouse personnel would be a problem for him. He did recognize some of the potential witnesses but indicated he had no personal knowledge or relationship with any of them which would affect his ability to serve as a juror.

Curtis L. Gosey was a minister. He testified that he knew the defense attorney as well as his father and that he and the defense attorney’s father had worked together in the Ministerial Alliance. According to Gosey, nothing in these relationships or friendships would cause him difficulty in sitting on this jury. Additionally, Gosey ^testified that his religious beliefs would not prevent him from judging according to the evidence he heard [1248]*1248or applying the law as instructed by the trial judge. However, when asked if he would still accept and apply the law even if it were something that he did not like, he testified: “I don’t know, it’s kind of technical.” He indicated later that he would abide by the law. Also, it appears from Gosey’s testimony that he might have difficulty hearing all of the proceedings.

In State v. Green, 94-0887 (La.5/22/95); 655 So.2d 272, 287 (quoting Hernandez v. New York, 500 U.S. 352, 358-59, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991)), the Louisiana Supreme Court explained the test for a Batson challenge as follows:

In Batson the Supreme Court adopted a three-step analysis to determine whether the constitutional rights of prospective jurors have been infringed by impermissible discriminatory practices:
First, the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race. Second, if the requisite showing has been made, the burden shifts to the prosecutor to articulate a race neutral explanation for striking the jurors in question. Finally, the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination.

(Footnotes omitted).

The sole focus of the Batson inquiry is on the prosecutor’s intent at the time he exercised his peremptory strikes. Green, 94-0887 (La.5/22/95); 655 So.2d 272.

In making a prima facie showing of discriminatory intent, the defendant may offer any relevant facts, including a pattern of strikes by the prosecutor against members of the suspect class, statements or actions of the prosecutor which support an inference that the exercise of peremptory strikes was motivated by impermissible considerations, the composition of the venire and the jury finally empaneled, and any other disparate impact upon the suspect class. Id. When the prosecutor peremptorily challenged Holmes, the defendant made a Batson objection for the record. The trial Rcourt stated that it did not believe that one challenge necessarily created a pattern indicating a discriminatory challenge. We agree. Since the strike against Holmes was the first strike of an African American, no pattern was established at that point. Additionally, the record does not disclose any statements or actions by the prosecutor which support an inference of an impermissible consideration for the strike at that time.

After the prosecution peremptorily challenged Gosey and the defendant again raised the Batson objection, the trial court did not expressly rule on whether the defendant met her burden of proving a prima facie case of discrimination but directed the prosecutor to state for the record the basis for challenging Holmes and Gosey. A trial court’s demand that a prosecutor justify the use of peremptory strikes is tantamount to a finding that the defendant has produced enough evidence to support an inference of discrimination. Id. In any event, once the prosecutor offers a race-neutral explanation for the peremptory challenges and the trial court rules on the question of intentional discrimination, the preliminary issue of whether the defendant has made a prima facie showing of discrimination becomes moot. Id.

Thus, the next step in the Batson procedure involves the determination of whether the prosecutor articulated race-neutral reasons for the challenges. Green, 655 So.2d 272. In Green, the supreme court stated:

Essentially, the burden on the prosecutor at this stage is to articulate reasons unrelated to impermissible classifications such as race for striking certain prospective jurors. Alternative classifications articulated by the prosecutor to justify his use of peremptory strikes cannot, however, be practically synonymous with the suspect classification allegedly being discriminated against.... It must be remembered that in this, the second stage of the Batson analysis, “the issue is the facial validity of the prosecutor’s explanation; ... [u]nless discriminatory intent is inherent in the prosecutor’s explanation, the reason offered will be deemed race neutral.” Her-[1249]*1249na/ndez, supra, 500 U.S. at 363[sie], 111 S.Ct. at 1866.

Id. at 289 (citation omitted).

Isln challenging Holmes, the prosecutor stated in part:

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Related

Batson v. Kentucky
476 U.S. 79 (Supreme Court, 1986)
Hernandez v. New York
500 U.S. 352 (Supreme Court, 1991)
State v. Shillow
602 So. 2d 28 (Louisiana Court of Appeal, 1992)
State v. Green
655 So. 2d 272 (Supreme Court of Louisiana, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
683 So. 2d 1246, 1996 La. App. LEXIS 2391, 1996 WL 577459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boddie-lactapp-1996.