State v. Chess

762 So. 2d 1279, 2000 WL 892793
CourtLouisiana Court of Appeal
DecidedJune 27, 2000
Docket00-KA-163
StatusPublished
Cited by6 cases

This text of 762 So. 2d 1279 (State v. Chess) 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. Chess, 762 So. 2d 1279, 2000 WL 892793 (La. Ct. App. 2000).

Opinion

762 So.2d 1279 (2000)

STATE of Louisiana
v.
Donnell CHESS.

No. 00-KA-163.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2000.

*1280 Paul D. Connick, Jr., District Attorney, Rebecca J. Becker, Terry Boudreaux, Joan Benge, Robert Odinet, Assistant District Attorneys, Gretna, Louisiana, Counsel for the State of Louisiana.

J. Rodney Baum, Baton Rouge, Louisiana, Counsel for appellant.

Court composed of Judges CHARLES GRISBAUM, Jr., MARION F. EDWARDS and CLARENCE E. McMANUS.

McMANUS, Judge.

In this matter, defendant, Donnell Chess, appeals his conviction of having been a felon in possession of a weapon, in violation of LSA-R.S. 14:95.1. As we have found no error in the proceedings below, we affirm the conviction and sentence.

STATEMENT OF THE CASE

On September 9th, 1998, the Jefferson Parish District Attorney filed a bill of information charging defendant, Donnell Chess, with one count of possession of a *1281 firearm by a convicted felon in violation of LSA-R.S. 14:95.1. In a companion case arising from the same incident, the Jefferson Parish District Attorney filed a separate bill of information charging defendant, Donnell Chess, with two counts of battery of a police officer in violation of LSA-R.S. 14:34.2.[1] At his arraignment on September 16th, 1998, defendant pled not guilty.

On June 23rd, 1999, a 12-member jury was selected. On June 24th, 1999, trial was held.[2] At the conclusion of the trial, the jury returned a verdict of guilty as charged.

On July 15th, 1999, the trial court sentenced defendant to imprisonment at hard labor for a term of 15 years without benefit of parole, probation, or suspension of sentence and fined defendant $5,000.00. Defendant made an oral motion for appeal at the time of conviction. Defendant then filed a written motion for appeal on August 24th, 1999.[3]

Defendant presents the following assignments of error:

1. the court failed to state sufficient reasons for the sentence imposed in the case;
2. the court failed to advise Donnell Chess of the time delays for his appeal and any application for post conviction relief;
3. defense counsel was ineffective for failing to make a motion for reconsideration of sentence and thereby preserving sentencing issues for appeal.

FACTS

This case arises out of a traffic stop that was made on August 18th, 1998, in the South Causeway area of Jefferson Parish. At trial, the State called Deputy Eddie Klein of the Street Crimes Unit of the Jefferson Parish Sheriff's Office. On August 18th, 1998, Deputy Klein and his partner were on patrol in the South Causeway area. Klein noticed a red Pontiac Sunbird, which appeared to have an expired license plate.

As the deputies followed the car, the driver rolled through a stop sign. The deputies then turned on their light and sirens in an attempt to pull the Sunbird over. Deputy Klein testified that the driver of the Sunbird, whom he identified as Joseph Weed, did not stop and instead began accelerating as the car traveled down Causeway toward Jefferson Highway.[4] The deputies gave chase.

Klein testified that the driver of the Sunbird attempted to turn from Causeway onto Andover Street and lost control of the car. The Sunbird crashed into a fence and a house. At this point, the driver, Weed, exited the car. Klein testified that Weed was followed out of the car by defendant, who was riding in the passenger seat of the Sunbird. After they exited the Sunbird, Weed and defendant began to run down the alleyway beside the house where the Sunbird came to rest.

Klein testified that he got out of his unit and gave chase down the alley. Klein was followed by his partner, Deputy Lehrman.

Klein testified that Weed was first down the alley followed by defendant. As Klein was giving chase, defendant reached into his waistband and pulled out a handgun. Defendant then dropped the gun on the ground and continued to run. Klein testified that, at this point, he began to scream, "gun, gun, gun!" to alert the officers behind him. Klein continued to chase the *1282 two men down the alley. At one point, the two suspects spilt and ran in opposite directions. Klein continued to chase defendant.

Klein testified that he chased defendant through several yards and was able to catch him. Once Klein caught defendant, defendant began to fight with Deputy Klein and Deputy Roth, who was assisting Klein. Defendant was eventually subdued and placed under arrest.

The State also called Deputy Jeffrey Lehrman, who was riding with Deputy Klein on August 18th, 1998. He also testified that they saw a Sunbird with an expired license plate run a stop sign. The driver of the Sunbird did not stop and attempted to flee. The deputies gave chase and the Sunbird crashed after attempting to make a turn.

Lehrman testified that the occupants of the car got out of the crashed Sunbird and began to flee. Lehrman testified that the driver, whom he identified as Weed, was the first to exit the car and he was followed by the defendant who was the passenger.

Lehrman testified that he followed Klein as he chased the suspects down the alley. Lehrman testified that he heard Klein yelling, "gun!" and then heard a gun hit the ground. Lehrman stopped chasing the suspects and secured the weapon. Lehrman testified that he did not see who discarded the weapon.

The State then presented the testimony of Deputy Brandon Dutreix of the Street Crimes Unit who was on patrol on August 18th, 1998, with his partner Matthew Roth. Dutreix and his partner arrived at the scene where the Sunbird came to rest. Dutreix saw the occupants get out of the car and flee. Dutreix testified that he chased Weed but lost sight of him. He also received a radio call that Deputy Klein needed assistance, so he stopped following Weed to assist Klein.

The final State witness was Matthew Roth. He testified that he was on patrol as part of the Street Crimes Unit on August 18th, 1998. While on patrol, a radio call went out advising that there was a pursuit of a car that refused to pull over. Roth and his partner arrived at the location contained in the radio call in time to see the occupants of the car flee. Roth and his partner joined in the foot pursuit of the suspects. Roth followed Klein as he chased defendant through several yards. Roth and Klein caught defendant and defendant fought with the officers. Defendant was eventually handcuffed.

Defendant took the stand in his own defense. Defendant testified that he was driving the car with Joseph Weed as the passenger and that the car belonged to Weed's girlfriend. Defendant testified that after the officers began to pull the car over, Weed informed him that there was a gun under the seat. Defendant then pulled away from the deputies and slammed the car into a house. Defendant exited the car and began to flee. Weed remained behind in the passenger seat.

Defendant testified that he ran through several yards, but he eventually surrendered himself by falling to the ground. Defendant denied fighting with the deputies, but testified that the deputies hit him. Defendant further testified that Weed remained in the car, where the gun was found.

ASSIGNMENT OF ERROR NUMBER ONE

Defendant argues that the case should be remanded for re-sentencing because the trial court failed to articulate sufficient reasons for the sentence imposed as required under LSA-C.Cr.P. art. 894.1.

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Cite This Page — Counsel Stack

Bluebook (online)
762 So. 2d 1279, 2000 WL 892793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chess-lactapp-2000.