State v. Carroll

996 So. 2d 335, 2008 WL 4225907
CourtLouisiana Court of Appeal
DecidedSeptember 17, 2008
Docket43,474-KA
StatusPublished

This text of 996 So. 2d 335 (State v. Carroll) 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. Carroll, 996 So. 2d 335, 2008 WL 4225907 (La. Ct. App. 2008).

Opinion

996 So.2d 335 (2008)

STATE of Louisiana, Appellee
v.
Gabriel CARROLL, Appellant.

No. 43,474-KA.

Court of Appeal of Louisiana, Second Circuit.

September 17, 2008.

*337 Louisiana Appellate Project, by Paula C. Marx, W. Jarred Franklin, for Appellant.

Paul J. Carmouche, District Attorney, John F. McWilliams, Jr., Geya D. Prudhomme, Assistant District Attorneys, for Appellee.

Before STEWART, CARAWAY and PEATROSS, JJ.

STEWART, J.

The defendant, Gabriel Carroll, was convicted of illegal use of a weapon. Thereafter, he was sentenced under La. R.S. 14:94(E) to nine years' imprisonment at hard labor without the benefit of probation or suspension of sentence. The defendant now appeals. For the reasons stated herein, the defendant's conviction and sentence are affirmed.

FACTS

On August 10, 2005, the defendant, armed with a handgun and driving a motor vehicle, shot at a car in which his ex-girlfriend and a friend were passengers. The incident occurred around 1:00 p.m. in front of 81st Street Elementary School. On October 31, 2005, the defendant was charged by bill of information with one count of illegal use of a weapon in violation of La. R.S. 14:94(E). The matter came for jury trial on February 14, 2007.

During trial, the jury heard testimony from Akosha Richardson, who at the time of the incident in question was pregnant with defendant's child. Ms. Richardson explained that on the date of the incident, Orya Harris picked her up from her house to go visit Ms. Harris's brother. Ms. Richardson also acknowledged that the defendant was at her house at the time Ms. Harris arrived to pick her up, but that she did not tell the defendant where they were going. Ms. Richardson testified that she remembered being in the car with Orya Harris when Ms. Harris's car was shot and giving the police a statement. However, she claimed not to recall anything about who shot the vehicle or what was said in the police statement she gave that implicated the defendant.

The jury also heard testimony from Orya Harris, the owner of the car at which *338 the defendant allegedly fired his handgun. Ms. Harris testified that on the date in question she and Ms. Richardson were going to visit Ms. Harris's brother, Rico Harris, who was in prison at the time on an armed robbery conviction. Ms. Harris pulled up at Ms. Richardson's house in a 2005 Chevy Impala and blew the car horn to let Ms. Richardson know she was waiting outside. Ms. Richardson called Ms. Harris on her cell phone to let her know she would be out momentarily. Before Ms. Richardson came out, however, the defendant pulled up behind Ms. Harris, parked his vehicle and went inside the home. Ms. Harris could not hear the nature of the discussion between the defendant and Ms. Richardson, but testified that she did hear the defendant yelling and cursing. The defendant then left in his vehicle, and Ms. Richardson and Ms. Harris left in Ms. Harris's vehicle. Ms. Harris indicated that the defendant had in the past made threats to her and her brother because of her brother's contact with the defendant's girlfriend.

Ms. Harris testified that as she drove her vehicle on 81st Street in front of a school, the defendant pulled his vehicle, a Grand Marquis, up alongside the driver's side of Ms. Harris's vehicle. She testified that he kept veering towards her vehicle causing her to pull closer and closer to the side of the road and eventually coming to a complete stop. The defendant stopped his vehicle next to hers and rolled down the passenger-side window. He then pulled out a medium-sized black gun and shot it out his passenger-side window into the driver's side door of Ms. Harris's vehicle. Ms. Harris testified that after firing the shot, the defendant cursed at her and Ms. Richardson, threatened to kill them and drove off. Ms. Harris called the police and waited for them to arrive. On September 2, 2005, Ms. Harris identified the defendant in a photo line-up as the individual who had fired the shot.

Corporal Carolyn Harris and Officer Robert Gordon of the Shreveport Police Department responded to the call. Officer Gordon testified that after arriving on the scene, Ms. Richardson informed him that she and Ms. Harris were on their way to Natchitoches to visit Ms. Richardson's ex-boyfriend in prison, when Gabriel Carroll pulled up alongside them in his vehicle and tried to stop them. When they attempted to drive around him, he leaned out of the car window and fired a black handgun at them. Officer Gordon claimed to have retrieved the bullet, which was lodged in the door jam and the weather strip area right below the driver's seat. This area is in close proximity to where the driver's hip would be when seated in the vehicle. He also testified that because of the relatively equal size of the two vehicles involved, it appeared as though the weapon was discharged at a downward angle. Corporal Harris' testimony confirmed that the bullet hole was in the area of the door where the driver's legs or buttocks would have been.

At the conclusion of the trial, the jury returned a verdict of guilty on the charge of illegal use of a weapon by discharging a firearm from a motor vehicle located upon a street. Motions for post-verdict judgment of acquittal, modification of judgment and for a new trial were denied.

Thereafter, the defendant was sentenced to nine years' imprisonment at hard labor without the benefit of probation or suspension of sentence. At the sentencing hearing, the trial court noted the fact that prior to the defendant's arrest on the current charges, he had been arrested at least five times while on bond for felony offenses involving a dangerous weapon or against the same victim. The court also noted that the arrest on the offense of conviction occurred while the defendant was out on a *339 bond from a prior arrest which was conditioned on his having no contact with the victim or victim's family herein. Considering this, the court concluded that the defendant presented an undue risk of re-offending, that he was in need of a correctional treatment or custodial environment that can only be provided most effectively by committing the defendant to an institution, and that a lesser sentence than the one imposed would deprecate the seriousness of the offense.

In considering the factors set forth in La. C. Cr. P. art. 894.1, the trial court listed as aggravating circumstances the fact that the defendant's conduct manifested deliberate cruelty to the victim; that he knowingly created a risk of death or great bodily harm to more than one person; that he used threats of and actual violence in the commission of the offense; that he used a dangerous weapon in the commission of the offense; and that he foreseeably endangered human life by discharging a firearm during the commission of an offense which has as an element, the use, attempted use, or threatened use of physical force against a person or property of another, and which, by its very nature, involves a substantial risk that physical force may be used in the course of committing the offense. The court also noted that the defendant had persistently been involved in similar offenses not already considered as part of his criminal history and that he had used violence, force or the threat thereof with the intent to influence the outcome of the criminal proceedings. The only mitigating factor the court noted was the defendant's youth.

A motion to reconsider sentence filed on behalf of the defendant was denied on June 12, 2007. The instant appeal followed.

DISCUSSION

Assignment of Error Number One: Sufficiency of the Evidence

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Cite This Page — Counsel Stack

Bluebook (online)
996 So. 2d 335, 2008 WL 4225907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carroll-lactapp-2008.