State v. Brooks

914 So. 2d 110, 2005 WL 2757368
CourtLouisiana Court of Appeal
DecidedOctober 26, 2005
Docket40,186-KA
StatusPublished
Cited by8 cases

This text of 914 So. 2d 110 (State v. Brooks) 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. Brooks, 914 So. 2d 110, 2005 WL 2757368 (La. Ct. App. 2005).

Opinion

914 So.2d 110 (2005)

STATE of Louisiana, Appellee
v.
James L. BROOKS, Appellant.

No. 40,186-KA.

Court of Appeal of Louisiana, Second Circuit.

October 26, 2005.

*111 Joseph Ransdell Keene, for Appellant.

Paul Joseph Carmouche, District Attorney, Tommy Jan Johnson, Lea R. Hall, Jr., Assistant District Attorneys, for Appellee.

Before STEWART, DREW and LOLLEY, JJ.

DREW, J.

James L. Brooks was convicted of two counts of purse snatching. Adjudicated as a second felony offender, he was sentenced on each count to 10 years hard labor, to be served consecutively. He now appeals. Advising the defendant concerning post conviction relief, we affirm the convictions and sentences.

FACTS

Count One

On January 29, 2004, Rhonda Wolfe was walking in a parking lot toward the front door of Drug Emporium on East Kings Highway in Shreveport. It was early in the evening and raining. A car quickly approached from behind and skidded to a stop. As she looked at the car, a man struck her from behind and attempted to take her purse. She gamely struggled until he grabbed her hair and pulled it painfully. She released the purse as he shoved her down and jumped into the car. She later described the assailant as a white man with a slight build who had reddish brown hair and a tattoo on his forearm.

Two men ran from the drug store to assist her. One of the men, Jacob Aguirre, an employee of Drug Emporium, testified that he:

• was inside Drug Emporium when he heard a woman scream;
• saw a man forcefully grab a woman's hair and swing her to the ground;
• saw the man take her purse and jump into a dark green Chevrolet;
• got the license plate number;
• later was asked to identify the purse snatcher from a photographic lineup and was 75 per cent sure that the defendant was the purse snatcher; and
• identified the defendant at trial, stating he was 100 per cent sure that the defendant was the perpetrator.

Count Two

On or around January 1, 2004, Donna Hansford was leaving Albertson's on Mansfield Road in Shreveport with two bags in her hand and her purse hanging on her shoulder. She noticed a car moving slowly by her. She saw a man get out of *112 the car and run toward her. She ran, but the man knocked her down and grabbed her purse. He sped away in a dark General Motors vehicle.

Hansford said she purposely did not look at the man because she was afraid he would kill her if she recognized him. She noted that he was a white male who was slender to average in size, with dark but not black hair.

The jury viewed a store security tape of still shots of the parking lot, which the victim identified as scenes from the night of the incident. It showed what she identified as her vehicle, the purse snatcher, and the dark vehicle from which he had exited. Because of the quality of the tape, she could only discern the build and hair coloring of the perpetrator, but not his identity.

Trial Chronology

Both victims testified as trial, as did Mr. Aguirre, the eyewitness to the first incident. Three peace officers testified, including Detective Mike McConnell, who explained the circumstances surrounding the photographic lineup as well as the audiotape containing the defendant's confession. After a hearing on whether or not the confession was made freely and voluntarily, the tape was admitted and played for the jury.

ISSUES AND REASONING

Denial of Continuance

On the day of trial, Brooks said he was ill and moved for a continuance, which was denied by the court, though the trial was recessed until the afternoon.

Art. 707. Motion for continuance; time for filing
A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.
Upon written motion at any time and after contradictory hearing, the court may grant a continuance, but only upon a showing that such motion is in the interest of justice.
Art. 711. Trial of motion
A motion for continuance, unless consented to, shall be tried summarily and contradictorily with the adverse party.
Art. 712. Discretionary grounds
A motion for continuance, if timely filed, may be granted, in the discretion of the court, in any case if there is good ground therefor.

Although La. C. Cr. P. art. 707 states that a motion for continuance is to be in writing, our jurisprudence has held that in extenuating circumstances, an oral motion is sufficient. See State v. Washington, 407 So.2d 1138 (La.1981); State v. Owens, 30,903 (La.App.2d Cir.9/25/98), 719 So.2d 610, writ denied, 1998-2723 (La.2/5/99), 737 So.2d 747.

There are no medical reports before us, nor anything to prove that Brooks was ill. The record shows that the defendant's temperature was 98.6 degrees on the day of trial.

In State v. Karno, 342 So.2d 219 (La.1977),[1] the Louisiana Supreme Court stated that the trial court is given broad discretion in determining whether or not a defendant is too ill to go to trial and set out these guidelines for the trial court:

(1) Medical reports and judgments — The threshold questions are whether the accused is indeed suffering from the disability complained of and whether there is a high risk that forcing the accused to *113 stand trial would seriously endanger his health and/or prevent him from effectively participating in his defense.
(2) Evidence of defendant's activities during the period of illness;
(3) Possible availability of measures to minimize the risk to defendant's health in subjecting him to trial;
(4) Whether the accused will be better able to stand trial at a later date;
(5) The degree of injury to the public interest deemed to result from delay or the total preclusion of a trial;
(6) The effect of defendant's physical condition on his constitutional rights; and
(7) The presumption of innocence.

In State v. Carter, 363 So.2d 893 (La.1978), the defendant's attorney sought a continuance on the grounds that the defendant was at the hospital. The trial judge called the hospital and learned that the defendant was not going to be admitted. The defendant came to the courthouse, complaining of a bleeding ulcer, and during the hearing on the continuance, he slumped over. The trial court had a doctor examine the defendant, and the doctor found the defendant could stand trial if he maintained a proper diet. Carter was denied a continuance.

Here, there is nothing to show that the trial court erred in not having a physician examine Brooks. The trial judge allowed the defense attorney an opportunity to show that the defendant was ill and made his own observations. It was well within the court's discretion to observe the defendant and consider the fact that he had no fever. There is no medical testimony in the record to explain what, if anything, was wrong with the defendant. Further, the appellant has not shown any prejudice resulting from the denial of the continuance.

In State v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gray
235 So. 3d 1270 (Louisiana Court of Appeal, 2017)
State v. Boutte
27 So. 3d 312 (Louisiana Court of Appeal, 2009)
State of Louisiana v. Oterrel Joseph Boutte
Louisiana Court of Appeal, 2009
State v. Mandigo
21 So. 3d 1027 (Louisiana Court of Appeal, 2009)
State v. Thomas
962 So. 2d 1119 (Louisiana Court of Appeal, 2007)
State v. Godbolt
950 So. 2d 727 (Louisiana Court of Appeal, 2006)
State v. LeBoeuf
943 So. 2d 1134 (Louisiana Court of Appeal, 2006)
State v. Lawrence
925 So. 2d 727 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
914 So. 2d 110, 2005 WL 2757368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brooks-lactapp-2005.