State v. Bounds

873 So. 2d 901, 2004 WL 1103315
CourtLouisiana Court of Appeal
DecidedMay 12, 2004
Docket38,330-KA
StatusPublished
Cited by10 cases

This text of 873 So. 2d 901 (State v. Bounds) 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. Bounds, 873 So. 2d 901, 2004 WL 1103315 (La. Ct. App. 2004).

Opinion

873 So.2d 901 (2004)

STATE of Louisiana, Appellee
v.
Danny Ray BOUNDS, Appellant.

No. 38,330-KA.

Court of Appeal of Louisiana, Second Circuit.

May 12, 2004.

*903 Steven R. Thomas, Mansfield, for Appellant.

William R. Jones, District Attorney, for Appellee.

Before STEWART, GASKINS and DREW, JJ.

GASKINS, J.

Following a jury trial, the defendant, Danny Ray Bounds, was convicted on six counts of illegal possession of stolen things valued over $500.00, in violation of La. R.S. 14:69. The defendant's motion for new trial and alternative motion for postverdict judgment of acquittal were denied. The defendant was sentenced to six concurrent sentences of five years imprisonment at hard labor. On each count, four years were suspended, and the defendant was placed on five years supervised probation, with a special condition requiring restitution of $1,000.00. A fine totaling $3,000.00 was also imposed. The defendant's timely filed motion to reconsider sentence was denied.

The defendant now appeals. We affirm the defendant's convictions and sentences.

FACTS

In August 2001, an investigation of the defendant was commenced regarding his possession of stolen farm equipment at his residence and property in Red River Parish. In early September 2001, investigators for the Livestock Brand Commission with the Louisiana Department of Agriculture and Forestry and officers for the Red River Parish Sheriff's Department arrived at the defendant's property after seeing two tractors that matched descriptions of stolen tractors. The tractors were parked behind the defendant's house and were visible from the highway. The defendant was not home when the officers arrived so *904 they obtained permission to look around the property from the defendant's adult son. When the officers identified the two tractors as stolen items, the defendant's son telephoned the defendant to come home. Upon his arrival, the defendant was orally advised of his Miranda rights. The defendant told the investigators and officers that he didn't have anything to worry about because he bought the equipment. When asked if he could produce a bill of sale or canceled check, the defendant said he had canceled checks. The defendant told the investigators that he bought the tractors and equipment from Justin Carter. He voluntarily showed them his bank statements and checks.

The defendant was arrested for six counts of possession of stolen things valued over $500.00. At trial, the state presented evidence regarding the description (including serial numbers, except for the Rhino Flex Wing bush hog listed in the fourth count), original ownership, value, approximate date and place of theft, subsequent recovery and identification of the tractors and implements in question. The items and the details surrounding their loss are as follows:

Count 1: A John Deere 7210 tractor, stolen from Goldman Lawn and Tractor Company in Natchitoches in September 2000, having a retail value of $63,000.00, for which the defendant paid Justin Carter $12,000.00.

Count 2: A 4055 John Deere tractor, stolen from Robert Gorman in August 2000, which was purchased used (with 1600 hours) for $29,000.00, for which the defendant paid Carter $13,000.00. Count 3: A John Deere 720 front-end loader stolen from Robert Gorman in August 2000, which was purchased by Gorman for $5,667.00 and outfitted on the 4055 John Deere tractor listed in count number two, and included in the $13,000.00 price the defendant paid Carter for said tractor.

Count 4: A Rhino Flex Wing Bush Hog stolen from Scott Tractor Company in Bossier City on August 14, 2000, which retailed for $12,800.00, for which the defendant paid Carter $3,250.00.

Count 5: A Ford/New Holland 3930 tractor stolen from Shreveport Ford Tractor, belonging to Douglas Gaines, in September 2000, which was purchased by Gaines for $16,080.00, for which the defendant paid Carter $6,000.00.

Count 6: A Bush Hog front-end loader stolen from Shreveport Ford Tractor, belonging to Douglas Gaines, in September 2000, which was purchased by Gaines for $3,750.00, outfitted onto the Ford/New Holland 3930 tractor listed in count number five, and included in the $6,000.00 price the defendant paid Carter for said tractor.

The state also presented other information pertaining to specific items. Although it was unknown as to whether the power take out (PTO) on the John Deere 7210 tractor was operable when the tractor was stolen, it was inoperable when the tractor was returned to its owner. Testimony was given that, after an acquaintance told the defendant that the inoperable PTO would be covered under warranty, the defendant expressed reluctance about taking it to the dealer for repair. At the time of its theft, the John Deere 4055 tractor had visible damage on the hood as the result of a radiator boil-over; at the time of its recovery, it still bore this damage. Although *905 the serial number plate on the Rhino bush hog was missing when it was recovered, its owner identified it based on its type, configuration and "tips." He testified that this version was unique and the most expensive because of its special options; it was usually purchased by government agencies for cutting highway right-of-ways.

The defendant testified that he was not familiar with the value of tractors and farm equipment, and did not use such equipment in his job as a construction company supervisor. He stated that he did not know that the items found in his possession had been stolen. He explained that he bought them from Justin Carter. Carter, a young man in his early 20s, had cut hay for the defendant. According to the defendant, Carter said he was getting the equipment from a man who worked at Scott Truck and Tractor. The defendant presented various checks for his purchases, which contained notations on the memo line that he asserted were not made by him. Those notations indicated that items other than farm equipment were sold to the defendant—i.e., hay, cows, etc. The defendant introduced his check register in which his notations on the respective check stubs indicated the correct references to purchases of farm equipment.

The defense presented other witnesses, including family members and Patricia Sullivan, the person who prepared the defendant's tax returns. Witnesses corroborated the fact that the defendant often made major "handshake" business deals. Sullivan related that the defendant told her which checks were for equipment purchases, and the farm equipment was listed on his federal tax returns. The defendant told her that he did not know why Carter wrote the incorrect notations on the checks. Sullivan stated that the notations did not look like the defendant's handwriting.

The jury convicted the defendant of all six counts. The defense filed a motion for new trial and, alternatively, motion for postverdict judgment of acquittal; the trial court denied the motions.

At a sentencing hearing, testimony was presented by the defendant, his adult children, and his employer. Also testifying was a private investigator who conducted a polygraph examination of the defendant indicating that he had no knowledge that the property was stolen, or the value of said property.

On each count, the trial court sentenced the defendant to serve five years imprisonment at hard labor, with four years suspended. Also, the defendant was placed on five years supervised probation, with the special condition regarding restitution of $1,000.00 to Mr. Gaines to reimburse him for his insurance deductible. A fine totaling $3,000.00 was also imposed.

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Bluebook (online)
873 So. 2d 901, 2004 WL 1103315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bounds-lactapp-2004.