State v. Camp

59 So. 3d 548, 2011 La. App. LEXIS 322, 2011 WL 892395
CourtLouisiana Court of Appeal
DecidedMarch 16, 2011
Docket46,052-KA
StatusPublished
Cited by5 cases

This text of 59 So. 3d 548 (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, 59 So. 3d 548, 2011 La. App. LEXIS 322, 2011 WL 892395 (La. Ct. App. 2011).

Opinions

CARAWAY, J.

| defendant was convicted by a jury of communicating false information of planned arson, a violation of La. R.S. 14:54.1. He now appeals, arguing that there was insufficient evidence to convict and that the trial court erred in allowing the use of other crimes evidence during voir dire and at trial. He additionally alleges ineffective assistance of his trial counsel. For the following reasons, his conviction and sentence are affirmed.

Facts

On July 20, 2007, at approximately 4:30 in the afternoon, Charles Benjamin Camp (“Camp”) phoned Horseshoe Casino in Bossier City, Louisiana, to inquire about his entitlement to a “comp,” or complimentary meal, at the Jack Binion Steakhouse located in the casino. Jessie Henson, in charge of reservations at the time for Horseshoe, answered the phone call. Camp identified himself and his “player card” in order for Henson to determine if he was eligible for a comp meal. After verifying his background information, including his date of birth and address, Henson informed Camp that his “comp bucket” did not qualify him for a meal at the steakhouse or any other casino restaurant. A “comp bucket” is a tool used by the casino to track a patron’s level of play. Depending on how much a parton plays, money is added to the bucket which can then be used for meals, hotel stays, and merchandise at the casino’s gift shops.

After Camp was informed that he did not have enough in his comp bucket for the free meal, he grew agitated and asked Henson, “Can you see — my winnings and my losses?” Camp complained that he had been |afrequenting the Horseshoe Casino for a long time, spending his money [551]*551and that he expected something in return. Henson noted that Camp sounded as if he were intoxicated. She attempted to apologize and explain that there was nothing she could do. According to Henson’s testimony, Camp then proceeded to state, “I’m going to come down there and burn that goddamn place down and you.” At this point, Henson immediately hung up the phone. Although she was not particularly frightened, she was uncomfortable with the exchange and reported the call to her manager and to casino security.

Destry Thompkins, the security officer on duty at the Horseshoe Casino, interviewed Henson and compiled a report of the incident approximately 12 minutes after the phone call took place. In his report, Thompkins indicates that Camp told Henson, “I ought to burn that m — ;— f-down.” Horseshoe security additionally notified the Gaming Division of the Louisiana State Police and Trooper Phillip Krouse responded. Henson was directed by Trooper Krouse to prepare a written statement. In her statement to Trooper Krouse, Henson related that Camp told her, “I’m going to come up there and burn that goddamn place and you.”

Subsequent to the telephone exchange with Henson, Camp was permanently banned from the Horseshoe casino. An investigation into Camp’s prior interactions with the casino revealed that previously, on February 4, 2004, Camp was evicted from the casino for 24 hours for verbally abusing and physically threatening casino employees and customers.

On August 15, 2007, approximately three weeks after the incident, Trooper Krouse obtained a warrant and Camp was arrest: ed. He was [.¡charged, by bill of information, with communication of false information of planned'arson, a violation of La. R.S. UM.1.1

Camp originally retained attorney John Stephens to represent him; however, in the summer of 2009, Camp retained the services of a second attorney, Melissa Sugar, who was simultaneously representing him in his civil suit. Because Stephens and Camp disagreed on the appropriate defense strategy, Sugar was designated as lead counsel.

A jury trial was commenced on February 8, 2010. The jury heard from various witnesses who testified to their knowledge of the incident. The jury was also presented with evidence of Camp’s prior 24-hour eviction from Horseshoe Casino and two other phone conversations in which Camp became angry and agitated. One of the phone conversations, recorded and played for the jury, contained a similar threat to burn down a local newspaper.

During the trial, the defense attempted to present evidence of a conspiracy to prosecute Camp for his involvement in a plan to unravel illegal and unethical behavior that occurred during a local election. Evidence was presented that Camp was arrested on the same day he threatened to go to the local news media to disclose the improper behavior. The defense highlighted the delay time between the actual incident on July 20, 2007, and the subsequent arrest on August 15, 2007. However, Trooper Krouse testified that this discrepancy arose because he was on a detail in New Orleans arising out of Hurricane Katrina and was unable to thoroughly ^investigate- the matter until the later date. Ted Riser, the former Sheriff of [552]*552Webster Parish, testified that he attempted, unsuccessfully, to assist Camp in recovering public records from the Louisiana Attorney General concerning Camp’s allegations of the election misconduct. He additionally testified that he was present when Camp threatened to go to the media and when Camp was arrested later that day.

At the conclusion of the trial, 10 members of the 12-member jury found Camp guilty as charged. Camp subsequently retained new counsel, Charles Kammer, and both Sugar and Stephens withdrew. On April 19, 2010, Kammer filed a motion for new trial on Camp’s behalf, alleging ineffective assistance of counsel. After a hearing, this motion was denied.

On April 21, 2010, Camp was sentenced to serve five years’ imprisonment at hard labor, all but one of which were suspended in favor of five-year supervised probation. The trial court imposed a variety of conditions, including the completion of a substance abuse program and an anger management program.

Camp now appeals his conviction and once again urges his claim of ineffective assistance of counsel.

Discussion

I.

Camp first argues that there was insufficient evidence to convict him of the crime of communication of false information of planned arson. Specifically, he contends that Henson made differing statements about what Camp said and that she hung up the phone ^midway into the conversation. Moreover, Camp argues that the state failed to prove that the threat was actually false, as required under the statute.

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accord with Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. State v. Hea-rold, 603 So.2d 731 (La.1992); State v. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

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Bluebook (online)
59 So. 3d 548, 2011 La. App. LEXIS 322, 2011 WL 892395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-camp-lactapp-2011.