State v. Bowers

909 So. 2d 1038, 2005 WL 1993432
CourtLouisiana Court of Appeal
DecidedAugust 19, 2005
Docket39,970-KA
StatusPublished
Cited by28 cases

This text of 909 So. 2d 1038 (State v. Bowers) 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. Bowers, 909 So. 2d 1038, 2005 WL 1993432 (La. Ct. App. 2005).

Opinion

909 So.2d 1038 (2005)

STATE of Louisiana, Appellee
v.
Erica M. BOWERS, Appellant.

No. 39,970-KA.

Court of Appeal of Louisiana, Second Circuit.

August 19, 2005.

*1041 William J. Franklin, for Appellant.

J. Schuyler Marvin, District Attorney, Edward C. Jacobs, Assistant District Attorney, for Appellee.

*1042 Before WILLIAMS, CARAWAY and DREW, JJ.

WILLIAMS, J.

The defendant, Erica M. Bowers, was charged by bill of information with the armed robbery of Calvin Brown, a JCPenney store employee, in violation of LSA-R.S. 14:64. After a jury trial, the defendant was found guilty as charged. The trial court denied the defendant's motion for new trial. Subsequently, she was sentenced to serve 30 years imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. The defendant's motion to reconsider sentence was denied by the trial court. The defendant now appeals. For the following reasons, the defendant's conviction and sentence are affirmed.

FACTS

At approximately 5:00 p.m. on March 29, 2003, the defendant and her companion, Toledo Prim, entered the JCPenney store located in the Pierre Bossier Mall in Bossier Parish. Calvin Brown, the loss prevention manager for the store, observed the defendant selecting several items from the juniors department in a suspicious manner, i.e., she randomly selected merchandise without looking at the prices. According to Brown, the defendant took several items, including blue jeans, into an empty fitting room. When she exited the fitting room a short time later, she was not carrying any of the items in plain view, but her purse was "noticeably bigger." The defendant did not leave any items in the fitting room.

Brown watched the defendant for three or four more minutes as she went to the sports shoes department near the Beckett Street exit. There, the defendant met her companion and they proceeded toward the store exit. When the defendant noticed mall security and Bossier City police officers outside, she turned and began walking back toward the fitting room. While mall security detained the defendant's companion, Brown followed the defendant back into the fitting room. He watched her take merchandise out of her purse and discard it on the floor as she protested, "I didn't do anything." Brown instructed the defendant that she needed to come back with him or he would place her in handcuffs. The defendant, who became loud and belligerent, pulled a handgun out of her pocket, waved it in the air and warned Brown, "You had better move." Brown immediately stepped back. He testified that he was intimidated and feared for his safety and the safety of the store patrons. Brown warned the police and security officers over his radio that the defendant had a gun.

As the defendant proceeded toward the store exit, she was detained by Bossier City Police Officer Joel Frentress and advised of her Miranda rights. Officer Frentress discovered the handgun underneath a clothing rack located directly in front of the defendant. The handgun was apparently unloaded. The defendant was already in custody when Detective Cordell Williams of the Bossier City Police Department arrived on the scene. Detective Williams performed a search of the defendant's purse incident to her arrest. The purse contained two pairs of blue jeans which were identified by Detective Williams at trial and introduced into evidence without objection.

Detective Williams witnessed Officer Frentress advise the defendant of her Miranda rights. Detective Williams also advised the defendant of her Miranda rights, questioned her at the scene and then transported her to the police department. The defendant initially gave Detective Williams a fictitious name when she was *1043 questioned and signed that name to a Miranda rights card, but she later gave her correct name and signed the correct name to a second Miranda rights card. After being advised of and waiving her Miranda rights for the third time, the defendant gave a taped statement to Detective Williams. She confessed that she had gone to the store to shoplift and produced a gun when she was caught. However, the defendant stated that she never left the store with the merchandise and she did not point the gun at Brown. The rights cards and the confession were admitted into evidence at trial without objection. Detective Williams testified that the defendant was not threatened, forced or coerced in any manner to make the confession. He stated that she appeared to know what was going on and to be in control of herself.

The defendant testified on her own behalf at trial, admitting that she went into the store to shoplift. However, she asserted that she emptied her purse of all of the merchandise before attempting to exit the store the second time. The defendant also claimed that she pulled out the gun to get rid of it, and denied using the gun to intimidate or scare Brown.

After the jury trial, the defendant was found guilty as charged by a vote of 10 to 2, and the court ordered a presentence investigation report ("PSI"). The defendant's motion for a new trial was denied.

At the defendant's sentencing hearing, the trial court noted that the PSI showed that the defendant was a fourth felony offender. The court described her criminal history as a "whole laundry list" of convictions, including numerous felony and misdemeanor theft matters since 1991, and the instant armed robbery conviction. The trial court observed the manner in which the instant crime escalated from shoplifting to armed robbery because of the defendant's "lack of judgment." The court also noted the defendant's age of 36 years. The trial court further noted the defendant's pending charges for felony theft, forgery, manslaughter and hit and run in Caddo and Bossier Parishes, but stated that it was not taking those charges into consideration in the defendant's sentencing for the instant crime. The defendant expressed remorse for the crime and her lack of intent to harm anyone, and requested "mercy" because her mother was caring for her eight children. The trial court responded that the defendant had been repeatedly "forgiven" and her "time has run out." The court then sentenced the defendant to serve 30 years imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. The defendant's motion to reconsider sentence was denied. This appeal followed.

DISCUSSION

Sufficiency of the Evidence:

By this assignment of error, the defendant contends the evidence presented at trial was insufficient to support the jury's verdict of armed robbery. The defendant argues that nothing of value was taken from the person of another or that was under the immediate control of another by the use of force or intimidation. She quotes a portion of Brown's testimony that he witnessed the defendant discarding merchandise from her purse onto the fitting room floor. The defendant notes that the arresting officer, Officer Frentress, testified that he did not search the defendant. The defendant asserts that the only other evidence with regard to the location of the jeans at the time of the arrest was Detective Williams' testimony that he conducted a search incident to the defendant's arrest and found two pairs of jeans in her purse. She argues that neither Detective Williams nor Brown ever identified the *1044 jeans as the property of JCPenney, and thus, the state failed to prove all of the essential elements of armed robbery beyond a reasonable doubt.

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Cite This Page — Counsel Stack

Bluebook (online)
909 So. 2d 1038, 2005 WL 1993432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bowers-lactapp-2005.