State v. Carter

814 So. 2d 710, 2002 WL 491880
CourtLouisiana Court of Appeal
DecidedApril 3, 2002
Docket35,530-KA
StatusPublished
Cited by1 cases

This text of 814 So. 2d 710 (State v. Carter) 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. Carter, 814 So. 2d 710, 2002 WL 491880 (La. Ct. App. 2002).

Opinion

814 So.2d 710 (2002)

STATE of Louisiana, Appellee,
v.
Louis Charles CARTER, Appellant.

No. 35,530-KA.

Court of Appeal of Louisiana, Second Circuit.

April 3, 2002.
Rehearing Denied May 2, 2002.

*711 Louisiana Appellate Project, by J. Wilson Rambo, for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, H. Stephens Winters, Assistant District Attorney, for Appellee.

Before NORRIS, STEWART and PEATROSS, JJ.

STEWART, Judge.

The defendant, Louis Carter, was tried and convicted of aggravated arson. He was sentenced to twelve years at hard labor. All but the first six years were suspended, and the first two years of the six years were ordered to be served without benefit of probation, parole or suspension of sentence. The defendant was also placed on supervised probation for four years. The defendant now appeals and raises several assignments of error. However, we find that the resolution of one issue pretermits discussion of the others. On the basis of this issue, we reverse the defendant's conviction and sentence and remand the case for the appointment of a sanity commission.

FACTS

In October 1998, Jock Bell was the manager of the Cypress Manor Apartments ("Cypress") in Monroe, Louisiana. The defendant resided alone in apartment number 921 of Cypress at that time. On October 6, 1998, the day of the fire at issue, Marvin Beasley, an apartment resident and apartment maintenance worker, saw the defendant moving several items out of his apartment and stacking them in front of the apartment door. Beasley asked the defendant if he was about to move, but the defendant did not respond. Beasley then went to the office and told Bell of the defendant's actions. When Beasley returned to the defendant's apartment, he saw the defendant drag a mattress toward the kitchen of the defendant's apartment and leave the mattress next to the stove. The defendant left the bottom part of the mattress positioned against the bottom of the cabinet and the top part of the mattress positioned over the stove and on the electric burner.

*712 Before the apartment fire began, Bell also observed that the defendant had moved some of his property out of his apartment and into the walkway. Bell was in his office when he was alerted that there was a fire in defendant's apartment. The Ouachita Parish Fire Department responded to the fire alarm at 10:26 p.m. A subsequent investigation revealed that a stove top burner of the stove in the defendant's apartment was in the "on" position. This burner ignited the mattress and was the cause and origin of the fire. The fire and resultant smoke and water damage displaced 25 apartment residents, damaged approximately 40 apartment units and caused approximately $100,000.00 worth of damage to the apartment complex. During trial, Beasley testified that, while the fire blazed, he observed the defendant hiding in some bushes and watching the fire.

Approximately four days after the fire, Carter approached Janice Roan at the Plasma Center. He asked Roan, a resident of the Cypress apartments, if she liked what he had done, and stated that he was not "through." The defendant told Roan that he was going to go back to burn up building number 500, and that he was going to burn the rest of the buildings down. Subsequently, the defendant was arrested and charged with aggravated arson.

On January 20, 1999, a 72 hour hearing was held and the defendant informed the trial court that he could not afford an attorney. The trial court appointed the Indigent Defender Board to represent the defendant. On November 8, 1999, the defendant filed a pro se motion for discovery and "to call witnesses." The defendant's motion requested that his defense attorney, Charles Kincade, be dismissed and that he be allowed to present his own defense. The defendant also requested a continuance to prepare for his defense by serving witnesses with subpoenas and filing discovery. The defendant stated that he had been doing groundwork by gathering all of his witnesses and documents, and would appreciate extra time within which to complete his preparation. The trial court twice asked the defendant whether he needed any help, and the defendant twice declined the offer. The trial court advised the defendant that he was charged with aggravated arson and asked whether the defendant had ever represented himself before. The defendant replied that he did his homework, using books and the library, and thought that he could "pretty much" handle it. Carter further stated that he did not have any faith in his defense attorney, and would not accept his assistance at trial. The trial court then asked the defendant if he knew how to subpoena witnesses and who he wanted to subpoena. The defendant stated that he would have to get the names. Then the trial court asked the defendant if he knew how to pick a jury. Carter responded, "that shouldn't be no problem." After a recitation of the facts upon which the charge was based, and a discussion of the sentencing range, the trial court asked the defendant about his formal education. Carter answered that he finished high school. The following colloquy occurred:

By the Court: And do you have any— Mr. Carter, do you have any history of mental illness or anything like that?
By Mr. Carter: Years ago.
By the Court: Are you under any kind of medical care right now?
By Mr. Carter: No, other than, you know, disability on my knee.

The court noted that the defendant's pro se motion requested that the November trial date be delayed to allow him time for trial preparation. The trial court then asked the defendant if the January 10th trial date suggested by the state would *713 give him enough time to prepare, to which Carter responded, "yes, sir, it sure will." The trial court then asked the state if a plea bargain had been offered. Mr. Winters, the assistant district attorney, responded that a plea bargain had not been discussed because Mr. Carter was vehement throughout the proceedings that he desired a trial. The trial court asked the defendant if he was interested in talking to the district attorney about a plea. The defendant stated "No." Mr. Kincade, the defendant's defense counsel, was asked by the trial court if he knew any reason why this defendant could not represent himself. Mr. Kincade stated that, except for the fact that he thought it was always inadvisable, the defendant was entitled to his constitutional right of self-representation. The trial court took the matter under advisement and made sure that the transcripts requested by the defendant in his pro se motion would be provided to him.

During the proceedings held the next day, the trial court stated that it had reviewed the law governing self-representation including its obligation of making the defendant aware of the dangers of self-representation, and of ascertaining the defendant's competency. The trial court then noted the fact that the defendant graduated from high school, could read and write the English language, and expressed confidence in his ability to represent himself. The trial court reiterated the fact that the defendant was charged with aggravated arson, and noted the seriousness of the offense. The trial court then asked the defendant if he had all the information necessary to conduct his own defense. Carter stated that he was in the process of gathering it, and Mr. Kincade stated that he received full discovery from the state and would supply all of the information he had to Carter. The following colloquy transpired:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Draper
943 So. 2d 1277 (Louisiana Court of Appeal, 2006)
State of Louisiana v. Debbie W. Draper
Louisiana Court of Appeal, 2006

Cite This Page — Counsel Stack

Bluebook (online)
814 So. 2d 710, 2002 WL 491880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carter-lactapp-2002.