State v. Calvin

781 So. 2d 827, 2001 WL 253922
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2001
Docket00-KA-1505
StatusPublished
Cited by4 cases

This text of 781 So. 2d 827 (State v. Calvin) 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. Calvin, 781 So. 2d 827, 2001 WL 253922 (La. Ct. App. 2001).

Opinion

781 So.2d 827 (2001)

STATE of Louisiana
v.
Eric D. CALVIN.

No. 00-KA-1505.

Court of Appeal of Louisiana, Fifth Circuit.

February 28, 2001.

*828 Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry M. Boudreaux, Gregory M. Kennedy, Assistant District Attorneys, Gretna, Louisiana, for the State.

*829 Gwendolyn K. Brown, Baton Rouge, Louisiana, for defendant-appellant.

Court composed of Judges SOL GOTHARD, CLARENCE E. McMANUS and PATRICK M. SCHOTT, Pro Tempore.

McMANUS, Judge.

The Defendant, Eric D. Calvin, was convicted of first degree robbery and armed robbery. For the reasons that follow, we find that the evidence is sufficient to support the convictions. Additionally, we find that the sentences imposed are not excessive.

STATEMENT OF THE CASE

Eric D. Calvin, was originally charged by an 11-count bill of information with seven counts of armed robbery and four counts of first degree robbery, in violation of LSA-R.S. 14:64 and 14:64.1. Defendant pled not guilty.

After several continuances, a jury trial proceeded only as to Counts 5, 6, and 7, armed robberies, and Count 10, first degree robbery. On October 14, 1999, a unanimous 12-person jury found Defendant guilty as charged on all counts. The trial judge sentenced Defendant to 50 years at hard labor on each count of armed robbery and 20 years at hard labor on the count of first degree robbery. All sentences were imposed consecutively without benefit of probation, parole, or suspension of sentence. After sentencing, the state dismissed the remaining four counts of armed robbery and the three counts of first degree robbery. Defendant filed a motion to reconsider sentence which was denied by the trial judge.

FACTS

Detectives Jorge Giron, Danny O'Neil, Michael Cunningham, and Michael Glaser investigated robberies occurring throughout Jefferson Parish. These involved a Dairy Queen with Wayne LeBlanc (Le-Blanc) as the victim on October 5, 1997; an EZ Serve robbery with Lisa Braggs (Braggs) as the victim on September 27, 1997; an EZ Serve robbery of Katina Cage (Cage) occurring on September 25, 1997; and, a Circle K robbery of Lillian Quentinella (Quentinella) occurring in September 1997.

At the LeBlanc robbery, Detective Giron obtained a license plate number of the vehicle associated with the robbery and learned that Defendant borrowed the vehicle. The officer assisted Detective O'Neil in interviewing Defendant where Defendant voluntarily gave a statement concerning his involvement in the Dairy Queen robbery.

Detective O'Neil testified that after Defendant waived his constitutional rights he voluntarily gave a statement which was taped and transcribed. The portion of Defendant's statement concerning the Dairy Queen robbery was introduced as State's Exhibit Number 1. The detective also showed the victim a photographic lineup. LeBlanc identified Defendant. The statement is Defendant's admission that he committed the robbery; however, he stated that he used a fake plastic gun he stole from another store.

LeBlanc testified that Defendant robbed him of a few hundred dollars. LeBlanc had no doubt he saw a gun. He saw the barrel of a gun that was inside a bag. He also had no doubt Defendant was the person who robbed him at gunpoint.

Detective Cunningham testified that he investigated robberies occurring at the Circle K and EZ Serve stores in Kenner. He interviewed Braggs and Quentinella. Both victims identified Defendant in a photographic lineup.

*830 Defendant admitted he had a gun and robbed the victim at the Circle K. Regarding the other robberies, he stated he either placed his hand under his shirt or wrapped a towel around his hand and told the victims he had a gun. He admitted that for one robbery he used a pink towel, a shop towel, wrapped around his hand and told the victim to open the register while he grabbed the money. The document contains Defendant's signature. The detective did not find any weapon.

Cage told him Defendant had a towel covering a gun and that it looked like the gun had a silver barrel. The officer reviewed surveillance tapes of these three robberies and noted he did not see any weapon, but did see Defendant had his hand in a rag covering something. He explained there was one video from the EZ Serve where Defendant carried a rag covering his hand but the video did indicate what was under the rag. The victim in that case told the officer she saw the barrel of a gun under the rag. That victim stated she was positive it was a gun. Detective Michael Glaser testified that he showed a photographic lineup to Cage, who identified Defendant as the person who robbed her.

Quentinella testified that Defendant placed something under his shirt and told her he had a gun. He demanded money and stole $27 to $30. She could not tell what he had under the shirt. She did not see any type of weapon. She viewed the surveillance video and could not determine whether he had a weapon. The jury returned a verdict of first degree robbery as to this victim and armed robbery as to the remaining charges.

Cage testified she was employed at the EZ Serve on September 25, 1997. That evening the store was busy. Defendant continued to bring items to the counter and ask her prices despite the fact that the price was marked on the items. Defendant said the price was too high. When she told him the price, he slammed the items on the counter and walked away.

Approximately five minutes later, he left the store and she continued to ring up the waiting customers. She thought Defendant acted strangely. She did not get a good look at Defendant at that time but did see him again. Defendant reentered the store approximately two hours later, approaching her register. At that time, there was no one else in the store. He told her to give him the money in the cash register. She did not see his hands. She then asked him to repeat what he said and he placed his hand on the counter. He repeated his demand and she backed away from the register. When he placed his hand on the counter she saw what appeared to be a gun wrapped in a towel. The only portion she could see was the front part, and it looked like the barrel of a gun to her.

She backed away from the register and told him to take the money. She was newly hired and did not know how to open the cash register unless she gave change. Defendant stuck his hand over the counter, hit the button, and the drawer opened. He reached in and retrieved the money. Next, he told her to get on the floor because he did not want her to see him exit. He threatened to shoot her, so she complied with his request. After he left, she called 911 and the manager. She later learned that Defendant took $29 from the register. She had no difficulty identifying Defendant in the photographic lineup. She had no doubt Defendant was the person who robbed her. She stated that she has seen guns before this incident, and she believed she saw was the barrel of a gun.

Braggs testified she was alone. Defendant entered the store and asked her for a pack of cigarettes. He told her he had a *831 gun. He asked her to open the register and while she opened the register he reached over and grabbed no more than $60.00 from the register. He also took the cigarettes that she gave him, then he told her to get on the ground as he ran out of the store.

Defendant had a gun in his hand that was wrapped around a towel. The barrel of the gun was sticking out and it was black. She stated that she could clearly see the gun. Braggs selected Defendant in a photographic lineup.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
781 So. 2d 827, 2001 WL 253922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-calvin-lactapp-2001.