State v. Bordes

738 So. 2d 143, 1999 WL 410276
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket98-KA-0086
StatusPublished
Cited by51 cases

This text of 738 So. 2d 143 (State v. Bordes) 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. Bordes, 738 So. 2d 143, 1999 WL 410276 (La. Ct. App. 1999).

Opinion

738 So.2d 143 (1999)

STATE of Louisiana
v.
Johnny D. BORDES.

No. 98-KA-0086.

Court of Appeal of Louisiana, Fourth Circuit.

June 16, 1999.

*144 C. Gary Wainwright, New Orleans, LA, Attorney for Appellant, Johnny Bordes.

Harry F. Connick, District Attorney, Holly Herrle-Castillo, Assistant District Attorney, New Orleans, LA, Attorneys for Appellee, The State of Louisiana.

Court composed of Judge WILLIAM H. BYRNES III, Judge MIRIAM G. WALTZER and Judge PATRICIA RIVET MURRAY.

WALTZER, Judge.

The defendant, Johnny Bordes, appeals his conviction by the trial judge of possession of stolen property valued at five hundred dollars or more.

I. STATEMENT OF THE CASE

On 5 September 1995, the defendant, Johnny D. Bordes, was charged by bill of information with possession of stolen property valued over five hundred dollars in violation of LSA-R.S. 14:69. The defendant entered a plea of not guilty at his arraignment on 13 September 1995. The defendant elected a judge trial on 2 October 1995 and was found guilty as charged. On 8 December 1995, the State filed a multiple bill of information. The defendant pled guilty to the multiple bill of information. The trial court adjudicated defendant a fourth felony offender. The defendant waived delays, and the trial court sentenced defendant to serve twenty years at hard labor with credit for time served.

II. STATEMENT OF THE FACTS

In the late hours of 28 July 1995, New Orleans Police Officers Bryan Lampard and Jake Schnapp were on proactive patrol in the 1200 block of Saratoga Street when they observed the defendant in a blue Plymouth Voyager van speaking with Melvin Hunter, a known drug dealer. When Hunter saw the marked police car, he immediately turned around and walked into his residence. The defendant drove away at a high rate of speed. The officers believed they had interrupted a drug transaction and decided to pursue the van. The officers activated their lights and siren and pursued the defendant for several blocks before they were able to pull him over. The officers ordered the defendant out of the vehicle and patted him down for *145 weapons. The officers asked defendant for his driver's license and registration. However, the defendant was unable to produce any documentation. The officers checked the license plate number and vehicle identification number. The officers discovered that the license plate and vehicle had been stolen. The officers advised the defendant and his passenger, Likizzie Harris, that they were under arrest for possession of stolen property. The defendant and Ms. Harris were advised of their Miranda rights and taken to the Sixth District Police Station. The officers recovered six hundred, eighteen dollars in currency from the floorboard of the vehicle. The officers also recovered a Toyota key that had been used to start the vehicle by defeating the ignition system. The key had been filed down and only went partially into the ignition. The key did not fit any of the door or glove compartment locks.

At the police station, the defendant informed the officers that he borrowed the vehicle from a subject by the name of Vincent. However, the defendant did not know Vincent's last name or address. The defendant could not give the officers a date or time when he was supposed to return the vehicle to Vincent. The officers subsequently contacted the owner of the vehicle who stated that he did not know the defendant and did not give the defendant permission to use the vehicle.

Louis Timken testified that his 1992 Plymouth Voyager van was stolen from his residence on 16 June 1995. The theft was reported to the police. Mr. Timken was contacted in July by police and informed that they had located his vehicle. Timken purchased the vehicle in 1991 for sixteen thousand two hundred thirty-two dollars. His insurance company paid him eleven thousand two hundred thirteen dollars and thirty-eight cents for the vehicle when he filed the theft claim in June of 1995. Mr. Timken stated that he did not know the defendant and did not give him permission to use his vehicle.

Likizzie Harris, the defendant's girlfriend, testified that the defendant told her he borrowed the vehicle from a guy by the name of Vincent. The witness had never seen the defendant with the van until that night. On that evening, she and the defendant, along with her two children, were on their way to Blockbuster to return a videotape when the defendant decided to stop and visit Melvin Hunter. After speaking with Hunter for a short time, the defendant returned to the vehicle and they proceeded uptown. They had driven a few blocks when the officers pulled over the defendant. The defendant was not driving erratically or speeding. The officers asked the defendant to step out of the vehicle. While one of the officers questioned the defendant, the other officer asked the witness her name and address. The defendant was then transported to the police station in the police vehicle. The van was towed to the police station. Ms. Harris and her children remained in the van while it was being towed to the station. When they arrived at the police station, the officers advised her that the vehicle was stolen and placed her under arrest. The witness told the officers she did not know anything about the van. Ms. Harris testified that the money found in the van belonged to the defendant's mother. The defendant was supposed to use the money to pay his mother's furniture and telephone bills.

The defendant, Johnny Bordes, testified he borrowed the vehicle from a guy by the name of Vincent. He gave Vincent twenty dollars to borrow the vehicle so he could return a videotape to Blockbuster. Vincent gave him a single key which defendant put on his key chain. The key fit into the vehicle's ignition without any problems. The defendant then went to pick up his girlfriend and go to Blockbuster. On the way, he decided to stop and visit with an old friend, Melvin Hunter. The defendant parked the vehicle and went into Hunter's residence. He did not see the police vehicle as he was leaving Hunter's *146 residence. He did not see the police vehicle until the police vehicle pulled behind him. The defendant pulled to the side of the road as soon as the officers put on the siren. The defendant was not driving erratically or speeding. After the officers pulled him over, they asked him to step out of the vehicle. The officers asked for his driver's license and registration. He told the officers he did not have any documentation. The officers then asked him about his relationship with Melvin Hunter. While one officer was speaking with the defendant, the other officer ran the license plate number. When the officer informed the defendant that the license plate was stolen, the defendant told the officer he did not know anything about the license plate as he borrowed the vehicle from someone by the name of Vincent. The defendant was arrested and placed in the police vehicle. The van was towed to the police station. When he arrived at the police station, the defendant was advised that he was under arrest for possession of the stolen vehicle and given his Miranda rights. The defendant acknowledged two prior convictions for possession of cocaine. The defendant stated that the money found in the van belonged to his mother which he was to use to pay her furniture and telephone bills.

III. DISCUSSION

A. Errors Patent and Assignment of Error Number 3

A review of the record for errors patent reveals none.

B. Assignment of Error Number 1

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Cite This Page — Counsel Stack

Bluebook (online)
738 So. 2d 143, 1999 WL 410276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bordes-lactapp-1999.