State v. Brown

556 So. 2d 248, 1990 La. App. LEXIS 55, 1990 WL 5366
CourtLouisiana Court of Appeal
DecidedJanuary 24, 1990
DocketNo. 21206-KA
StatusPublished
Cited by3 cases

This text of 556 So. 2d 248 (State v. Brown) 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. Brown, 556 So. 2d 248, 1990 La. App. LEXIS 55, 1990 WL 5366 (La. Ct. App. 1990).

Opinion

HIGHTOWER, Judge.

A jury found defendant, Ardie A. Brown, guilty as charged on three counts of armed robbery, violations of LSA-R.S. 14:64. After presenting its case at trial, the state dismissed a fourth count which also alleged the same crime. Concurrent sentences of 30 years each, without benefit of probation, parole or suspension of sentence, resulted as to Counts 1 and 2. A 15 year sentence, likewise without benefit of probation, parole or suspension of sentence, but to run consecutively to the other two, was imposed on Count 3.

Defendant now appeals, designating three purported errors. The third assignment of error, alleging ineffective assistance of counsel, has not been briefed or argued and, hence, is considered abandoned.1 URCA 2-12.4; State v. Schwartz, 354 So.2d 1332 (La.1978). For the reasons hereinafter expressed, we affirm.

Assignment of Error No. 1

Defendant contends insufficient evidence was produced to support his conviction. More specifically, it is argued that the evidence fails to identify defendant as the perpetrator of the offenses. As disclosed below, this assignment of error lacks merit.

Of course, in analyzing such a claim, the court must determine whether the evidence, viewed in the light most favorable to the prosecution, is sufficient for a rational trier of fact to conclude the essential elements of the crime were proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Also, the circumstantial evidence rule, contained in LSA-R.S. 15:438, provides that “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” However, that rule does not establish a stricter standard of review than the reasonable juror’s reasonable doubt formula, but, rather, provides a helpful methodology for its implementation in cases hinging on the evaluation of circumstantial evidence. State v. Green, 508 So.2d 602 (La.App. 2d Cir.1987).

A.

Counts 1 and 2 concern the nighttime robbery of two workers at the Modern Materials Warehouse on August 23, 1988. The employees, Freddie Neal and Sharon Carter, were confronted that evening by an armed individual who forced them to turn over their money. However, because his face was covered, the robber was not positively identified by his victims.

Neal testified that a black male, approximately six feet in height and of light complexion, came from outside the building to jump up into the warehouse and demand his money and that of his co-worker, Ms. Carter. The intruder wore dark pants, a checkered shirt, and dark gloves, and was armed with a dark-colored .22 caliber revolver that had a long barrel and rusty cylinder. Neal described a winter cap or [250]*250ski mask being over the gunman’s face, with a curl cap also on the top of his head.

In response to the offender’s demand for money, Neal relinquished a wallet containing three $1 bills and Ms. Carter stated that her money was in a purse located at the other end of the warehouse. After Neal was forced to call for the other workers present to come forward, which they failed to do, of course, both he and Ms. Carter were escorted at gunpoint to her purse. Neal then was placed behind an oven in a separate room, where he remained until police officers were present and had taken defendant into custody.

Ms. Carter similarly testified that an armed man jumped, from ground level, onto the concrete floor inside the warehouse’s freight door. Describing him as about six feet tall and of medium build, Ms. Carter recalled his head being covered with a shower cap and his attire being dark pants, dark shoes, and a tan multi-lined shirt. Also, the robber’s face was obscured by what Ms. Carter perceived as a leotard-like material, and his weapon was said to be a silver revolver with rust on it.

Corroborating the testimony of Neal, Ms. Carter recounted her explanation to the gunman that her purse was in another section of the warehouse. After being required to move to that location, where Neal was forced behind the oven, she relinquished her money, $22 consisting of two $10 bills and two $1 bills. Ms. Carter complied with the gunman’s demand for the money even though, upon reaching her purse, she observed police officers outside.

Detective Rick Fisher of the Monroe Police Department testified that he responded to a “robbery in progress” call at the warehouse. Arriving at the scene, he observed a black male, dressed in a brown plaid shirt, white shoes, and bluish-gray slacks, holding a revolver on a white female. Despite Fisher’s admonitions to halt, the gunman ran to the rear of the warehouse, where he was arrested outside by Fisher’s fellow officer, David Ray Auger.

Soon after the arrest, Auger removed from defendant’s person a wallet containing three $1 bills and a check cashing card bearing Neal’s name. In addition, a $10 bill and two $1 bills were found on the ground in front of defendant. Fisher located a .22 revolver approximately ten feet away from the spot of arrest. Another $10 bill, as well as a clear plastic shower cap and a black stocking, were discovered within six feet of the door where defendant exited the warehouse. After being taken to the station by Auger, defendant told Fisher: “You caught me. I did it.”

Officer Auger recalled apprehending defendant at the rear of the warehouse and informing him of his rights. At the time of arrest, defendant was attired in a brown plaid flannel shirt and bluish looking slacks, but it was soon discovered that he also wore another set of clothing underneath, viz., white casual shorts with a bur-gandy tank top. Auger testified that at that time defendant stated, “You have got me.” After being transported to the station, defendant congratulated Auger for apprehending him and acknowledged, “You’ve got me on this one but I don’t know nothing about any other ones.... ” Also, Auger identified defendant in court as the individual whom he had arrested.

Finally, Det. Myron L. Smith testified that defendant, after arriving at the station, conceded having been caught.

The foregoing discussion clearly reveals that the evidence was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was the gunman who robbed Neal and Ms. Carter. The description of the robber's clothing given by the victims sufficiently coincides with the police officers’ recollections of defendant’s outer attire when he was arrested. While fleeing from the warehouse, defendant was carrying Neal’s wallet, complete with the three $1 bills which had been taken in the robbery. Likewise, $22, in the exact denominations Ms. Carter described being taken, was found near the spot of defendant’s arrest, as was a .22 revolver. In addition, both Neal and Ms. Carter testified at trial that defendant was of the same general height and build as their assailant. Finally, defendant made several incrimina‘ting statements to the authorities.

[251]*251B.

Count 3 involves the robbery of an attendant at a convenience store, the Cracker Barrel, during the early morning hours of August 16, 1988. The attendant, Robert Baker, testified that shortly after midnight an armed man, whose face was covered with what first appeared to be a bandanna, entered the store and jumped over the counter.

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Related

State v. Guillory
773 So. 2d 794 (Louisiana Court of Appeal, 2000)
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561 So. 2d 935 (Louisiana Court of Appeal, 1990)

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Bluebook (online)
556 So. 2d 248, 1990 La. App. LEXIS 55, 1990 WL 5366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-lactapp-1990.