State v. Boudreaux

782 So. 2d 1194, 2001 WL 323861
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
Docket00-1467
StatusPublished
Cited by9 cases

This text of 782 So. 2d 1194 (State v. Boudreaux) 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. Boudreaux, 782 So. 2d 1194, 2001 WL 323861 (La. Ct. App. 2001).

Opinion

782 So.2d 1194 (2001)

STATE of Louisiana
v.
Chad Louis BOUDREAUX.

No. 00-1467.

Court of Appeal of Louisiana, Third Circuit.

April 4, 2001.

*1195 Michael Harson, District Attorney, Lafayette, LA, Counsel for Plaintiff/Appellee, State of Louisiana.

Lawrence Charles Billeaud, Lafayette, LA, Counsel for Defendant/Appellant, Chad Louis Boudreaux.

Court composed of YELVERTON, PETERS, and GREMILLION, Judges.

GREMILLION, Judge.

In this case, the defendant, Chad Boudreaux, appeals his three separate convictions and sentences. He was convicted on two counts of aggravated burglary, a violation of La.R.S. 14:60, and sentenced to thirty years imprisonment at hard labor on each count; one count of armed robbery, a violation of La.R.S. 14:64, and sentenced to ninety-nine years at hard labor, without benefit of parole, probation, or suspension of imposition or execution of sentence; and one count of first degree robbery, a violation of La.R.S. 14:64.1, and sentenced to forty years imprisonment at hard labor, without benefit of parole, probation, or *1196 suspension of imposition or execution of sentence. All three sentences were ordered to run consecutively. For the following reasons, we affirm.

FACTS

Three separate incidents gave rise to Defendant's charges. The first occurred on March 27, 1997, and resulted in a charge of aggravated burglary. According to the record, Herman Kesel and his wife had returned to their Lafayette, Louisiana home shortly after 8:00 p.m., when he heard a loud rapping at his carport door. Kesel testified that he went to the door and spoke to Defendant for several minutes, first through a glass door and a screen door, and then only through a screen door. Kesel stated that he was three and one-half to four feet away from Defendant and could see him clearly because of a light shining directly on his face. Kesel claimed that Defendant showed him a police badge and claimed to be a detective looking for Kesel's daughter. Kesel testified that he smelled alcohol on Defendant and refused to let him enter their home. Kesel further testified that he opened the screen door once he thought Defendant had left. However, he stated that Defendant grabbed him, entered his home, and beat him, bloodying his face and bruising his arms and body. Defendant knocked Kesel to the floor, placed a handcuff on his right wrist, and held him down. At that point, Kesel testified that Defendant "had his shirt out of his pants and he reached under his shirt with his arm and his hand and said, `give me your money or I will kill both of you.'" Defendant left after the Kesels complied. Several days later, Kesel positively selected Defendant from a photographic lineup shown to him by the police. At trial, he positively identified Defendant as the man who beat and robbed him.

Kesel's wife confirmed much of her husband's testimony. Although she did not get as good a look at Defendant as her husband did, she picked Defendant and one other person out of a photographic lineup as the person most resembling the intruder.

Cherie Arceneaux Fournet, Defendant's girlfriend, testified that she was in his vehicle when he went to the Kesel residence. According to Fournet, the badge and the handcuffs used in the crime belonged to Defendant's deceased father, a former sheriffs deputy. She said that Defendant took those items from his mother's home before going to the Kesel residence.

The second incident occurred around 7:00 p.m. on April 2, 1997, and led to charges of aggravated burglary and armed robbery. Two teenagers, S.G. and P.G.,[1] fifteen and thirteen years old respectively, testified that they were taking care of their grandmother, Nettie Thompson, at her Lafayette, Louisiana home, where she was recovering from recent surgery.[2] The children testified that Defendant knocked on the door and claimed to be a bounty hunter looking for their mother. They said that P.G. spoke to Defendant for at least five minutes before he forced his way into the residence, pulled a knife from underneath his shirt, ordered them to get down on the floor, pointed the knife at their grandmother, and demanded money from her. They testified that Defendant took money from their grandmother's purse and then left.

The trial testimony reflected that S.G. and P.G. identified a shirt and knife, brought by police to the Thompson home *1197 later that evening, as the shirt worn by Defendant and the knife carried by him. They both positively selected Defendant in a photographic lineup that evening and identified him at trial as the man who entered their grandmother's home and robbed them. P.G. also testified that he saw Defendant's vehicle, an older model pickup truck, parked outside their grandmother's house with a female sitting in it, while Defendant was inside the residence.

Police Officer James Granger testified that he investigated the incident at the Thompson home on April 2, 1997. He stated that he broadcasted a bulletin giving a description of the suspect shortly after 7:00 p.m. Not long after that, he testified that he went to a location where police had detained Defendant. Officer Granger stated that he found a blue shirt in Defendant's vehicle and located a knife in a gas station trash can pursuant to information given him by Fournet, who was in Defendant's vehicle when it was stopped.

Fournet testified that she had previously cared for Thompson's grandchildren and she knew their mother. She stated that she told Defendant that the children's grandmother was fairly wealthy, and that she was in Defendant's truck when he entered the grandmother's residence on the evening of April 2, 1997.

The third incident, which led to the charge of first degree robbery, occurred at Richard Hughes' home shortly before 8:00 p.m. on April 2, 1997. Hughes testified that he was in the driveway of his Lafayette, Louisiana home, when he saw a pickup truck pass his house, stop, and back toward his driveway. Hughes testified that Defendant exited the truck and approached him, asking for directions. Hughes said that he clearly saw Defendant as they spoke and that Defendant eventually demanded his wallet and threatened to shoot him with a gun, which Hughes believed was under Defendant's shirt. Hughes positively picked Defendant from a photographic lineup which Officer Michael Onezine showed him that evening, and identified Defendant at trial as the man who took his wallet.

Hughes and Fournet testified that Fournet returned Hughes' wallet to him the day following the incident. Fournet also testified that she was in Defendant's truck when he approached Hughes, and that she retrieved Hughes' wallet from where Defendant had later thrown it.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, we review all appeals for errors patent on the face of the record. After reviewing the record, we find that there are two errors patent. First, the minutes of sentencing reflect that the trial court ordered Defendant to serve ninety-nine years at hard labor for his armed robbery conviction. However, the transcript of sentencing indicates that the trial court ordered that the sentence be served without benefit of parole, probation, or suspension of sentence. Accordingly, the case is remanded and the trial court is ordered to correct the minutes and the commitment order to reflect the sentence set forth in the transcript.

Second, Defendant was not informed of the two-year time limit for filing postconviction relief as required by La.Code Crim.P. art. 930.8.

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Bluebook (online)
782 So. 2d 1194, 2001 WL 323861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boudreaux-lactapp-2001.