State v. Camp

580 So. 2d 957, 1991 WL 84272
CourtLouisiana Court of Appeal
DecidedMay 15, 1991
Docket90-KA-774
StatusPublished
Cited by11 cases

This text of 580 So. 2d 957 (State v. Camp) 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. Camp, 580 So. 2d 957, 1991 WL 84272 (La. Ct. App. 1991).

Opinion

580 So.2d 957 (1991)

STATE of Louisiana
v.
Landis J. CAMP.

No. 90-KA-774.

Court of Appeal of Louisiana, Fifth Circuit.

May 15, 1991.

Bruce G. Whittaker Staff Appellate Counsel Indigent Defender Bd., Gretna, for defendant/appellant.

John M. Mamoulides, Dist. Atty., Denis Ganucheau, Dorothy A. Pendergast, Asst. Dist. Attys., Research & Appeals, Gretna, for plaintiff/appellee.

Before BOWES, DUFRESNE and GOTHARD, JJ.

BOWES, Judge.

Defendant, Landis J. Camp, appeals a jury verdict finding him guilty of simple burglary of an inhabited dwelling, a violation of LSA-R.S. 14:62.2. The trial court sentenced the defendant to three years at hard labor, the first year to be served without benefit of parole, probation, or suspension *958 of sentence. For the following reasons, we affirm.

FACTS

On December 25, 1988, Keith Earl, a neighbor of the victim and eyewitness to the burglary, heard the sound of breaking glass. He looked out the door but did not see anything. Upon hearing the sound of breaking glass a second time, he looked out of his sliding glass door on his balcony and observed an individual leaving the neighboring apartment with a television set. Earl yelled to defendant to stop; however, defendant kept going out of the door. Earl ran downstairs and began chasing defendant down the street. As Earl caught up to the suspect, he dropped the television set and continued his flight. By this time, a second individual saw what was happening and joined in the chase. The two men eventually apprehended defendant and held him down until the police arrived. At trial, Earl identified defendant as the individual he saw coming out of the apartment with the television set.

The second individual, Keith Romaguera, testified at trial as to his participation in the apprehension of defendant. He also identified defendant in court as the individual he was chasing on December 25, 1988.

Michael Anderson, the victim of the burglary, testified at trial that he was a casual acquaintance of defendant, but that he did not give authorization to defendant to enter his apartment or to remove any of his personal belongings from the apartment. Anderson also testified that defendant came to his apartment approximately 3-5 days before the burglary, and defendant knew of Anderson's plans to be in Chicago for the holidays. On cross-examination, Anderson admitted that he had no personal knowledge of who burglarized his apartment.

After the presentation of the State's case, defendant testified in his own behalf. He admitted that on December 25, 1988, at approximately 11:30 a.m., he was in the general vicinity of the burglary because he was visiting a friend. Upon leaving the friend's apartment, he ran across the street to avoid an approaching vehicle. As he was running, he saw these two white men chasing a third individual. However, the two lost the man they were chasing and grabbed defendant instead. Defendant denied any involvement in the burglary.

As a rebuttal witness, the State called Deputy David Shaw who testified that he responded to a burglary call on December 25, 1988 at 520 Wall Boulevard. Upon arrival, he found two white males holding a black male down on the grassy area in front of the apartment complex. He also observed a large television in the grass a short distance away. Shaw identified defendant in court as the individual Earl and Romaguera apprehended; Shaw, thereafter, placed defendant under arrest.

MISTRIAL

It is alleged by the defendant that the trial court erred in denying the appellant's motion for a mistrial due to a reference to inadmissible evidence of another crime.

At trial, Mr. Keith Earl was called as a state witness to testify as to his participation in the apprehension of defendant. The following excerpt from the transcript forms the basis for the instant objection:

"Q. Was Mr. Camp armed?
A. I didn't know it at the time I chased him, but when the police got there and frisked him he did have a knife.
MR. HAFNER:
Objection. May we approach the bench?
THE COURT:
Yes.
(The following is outside the hearing of the jury.)
MR. HAFNER:
Your Honor, I am going to object to the introduction of any evidence of other crimes. I asked the D.A. at the start of the trial if he was going to use any Prieur evidence and he said no. Now he is trying to introduce evidence of another crime, carrying a concealed weapon.
MR. GANUCHEAU:
No, he's not charged with that.
*959 MR. HAFNER:
Then you can't use evidence of another crime such as carrying a concealed weapon, which has nothing to do with this case. I would ask for a mistrial.
THE COURT:
The Court is going to sustain your objection and if you go any further into this and try to introduce another crime then I will give a mistrial.
MR. HAFNER:
Your Honor, please note for the record my request for a mistrial.
MR. GANUCHEAU:
I would ask that the Court admonish the jury to disregard—
MR. HAFNER:
No, I would object to any admonishment and I still request a mistrial.
THE COURT:
The Court is going to deny your motion for a mistrial and the Court will admonish the jury to disregard the last question and answer.
MR. HAFNER:
Note my objection to the Court's ruling.

[Then the Court proceeded to admonish the jury to disregard the testimony objected to by the defense.]"

LSA-C.Cr.P. art. 770 states in pertinent part:
Art. 770. Prejudicial remarks; basis of mistrial
Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:
. . . . .
(2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible;
. . . . .
An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. If the defendant, however, requests that only an admonition be given, the court shall admonish the jury to disregard the remark or comment but shall not declare a mistrial.
LSA-C.Cr.P. art. 771 states as follows:
"Art. 771. Admonition
In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury:
(1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or

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Cite This Page — Counsel Stack

Bluebook (online)
580 So. 2d 957, 1991 WL 84272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-camp-lactapp-1991.