State v. Coldman

769 So. 2d 131, 2000 WL 1486270
CourtLouisiana Court of Appeal
DecidedAugust 30, 2000
Docket99-KA-2216
StatusPublished
Cited by4 cases

This text of 769 So. 2d 131 (State v. Coldman) 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. Coldman, 769 So. 2d 131, 2000 WL 1486270 (La. Ct. App. 2000).

Opinion

769 So.2d 131 (2000)

STATE of Louisiana
v.
Floyd COLDMAN.

No. 99-KA-2216.

Court of Appeal of Louisiana, Fourth Circuit.

August 30, 2000.

*132 Harry F. Connick, District Attorney, Nicole Brasseaux Barron, Assistant District Attorney, New Orleans, Louisiana, for Plaintiff-Appellee State of Louisiana.

Sherry Watters, Louisiana Appellate Project, Dwight Doskey, Dwight Doskey, P.L.C., New Orleans, Louisiana, for Defendant-Appellant Floyd Coldman.

Court composed of Chief Judge ROBERT J. KLEES, Judge JOAN BERNARD ARMSTRONG and Judge MICHAEL E. KIRBY.

KLEES, Chief Judge.

On July 31, 1997, the appellant was indicted for the second degree murder of Floyd Jackson. At his arraignment on September 18th he pled not guilty. After conducting several hearings, the trial court denied the appellant's motion to suppress the evidence on May 22, 1998, and his motion to suppress the statement on May 28th. The appellant sought writs from the ruling on the denial of the suppression of the statement, and in an unpublished decision this court denied writs, finding the trial court did not abuse its discretion by so ruling. State v. Coldman, 98-1640 (La. App. 4 Cir. 8/3/98), unpub. The Supreme Court also denied writs. State v. Coldman, 98-2257 (La.9/16/98), 724 So.2d 744. The appellant waived his right to trial by jury, and the trial was held on October 13, 1998. At the conclusion of the trial, the court found the appellant guilty as charged. The appellant requested immediate sentencing. The court sentenced the appellant to life imprisonment without benefit of parole, probation, or suspension of sentence. This appeal followed.

*133 FACTS

In the early morning hours of June 2, 1996, police officers were called to 3306 Behrman Highway to investigate the murder of Floyd Jackson. Jackson had been shot twice, and emergency personnel transported him to Charity Hospital where he later died. His autopsy showed he died of two gunshot wounds. The first bullet entered his left chest, went through his heart and right lung, exited his chest, and entered his right arm, where it lodged. The other bullet entered and exited his right forearm, entered and exited his right thigh, and then entered and exited his abdomen. Although the bullet from the latter wound was lost, the bullet from the former wound was recovered from his arm. In addition to his gunshot wounds, Jackson also had several deep lacerations on each side of his head, four on the left side near his ear, and seven on the right side. These lacerations caused no damage to the skull or brain. The coroner testified these lacerations were consistent with having been made during a pistol-whipping with a gun handle. Plastic pieces of a gun handle were found at the murder scene. Jackson had a .03 alcohol level, and there were traces of marijuana in his urine. He also had a half-inch cut on the bottom of his left foot.

On the same date, Jefferson Parish deputies were investigating the murder of Mark Carter, a friend of Jackson. Carter sustained multiple gunshot wounds, and four bullets were recovered during his autopsy. These bullets were compared with the bullet retrieved during Jackson's autopsy, and it was determined that they were fired from the same gun, a .38 caliber gun. Although no murder weapon was recovered, one firearm identification expert testified that the type of bullets used and the markings on them were consistent with having been fired from a Rhome gun, which has plastic ribs on its grip.

Jefferson Parish deputies investigating Carter's murder developed the defendant Floyd Coldman as a suspect. The deputies obtained an arrest warrant for Coldman and arrested him on June 9th after he left his girlfriend's Westbank home. The deputies advised him of his rights and transported him to a police station. Once there, the deputies again advised him of his rights, which he waived. He gave a first statement wherein he denied any involvement Carter's murder, indicating he was with his girlfriend at the time of the murder. However, after learning his girlfriend gave a statement wherein she refused to corroborate his alibi, Coldman gave a second statement wherein he confessed to shooting both Carter and Jackson.

In Coldman's second statement, which was played at trial, he stated that his residence had been burglarized some time prior to the shootings, and he learned that Carter and Jackson had committed the burglary. Coldman stated he also heard that Carter knew he suspected Carter and that Carter intended to kill him. Coldman stated he went to Carter's residence to talk to Carter about the burglary, and Carter met him outside. Carter went back inside his residence briefly and then came back outside. As they spoke about the burglary, Carter became angry and pulled a gun. By that time, Coldman had also pulled a gun. Coldman stated Carter then dropped his gun and started running. Coldman admitted he then picked up Carter's gun, a .38 caliber gun, and ran after Carter. Coldman told the deputies that he then shot Carter, emptying the six-shot gun, because he figured Carter would eventually kill him if he did not do so. Coldman then left in his car.

Coldman then stated that he knew where he could find Jackson and waited at that location until Jackson returned. Coldman stated he and Jackson argued about the burglary, and then he used Carter's gun to shoot Jackson, who he insisted had also threatened him. Coldman stated he had reloaded Carter's gun with ammunition he possessed. He admitted he also fired six shots at Jackson, and then took a *134 gun out of Jackson's pocket. Coldman stated he threw the murder weapon in a drainage canal on the Westbank and then went home.

Deputies searched the canal where Coldman indicated he had thrown the murder weapon, but they were unable to find the gun.

Mildred Jackson, Floyd Jackson's mother, testified at length about the former friendship between her son and Coldman. She also testified at length, without objection, concerning what she had heard about her son's and Carter's murder. She testified that when she saw her son at the hospital before he died, he identified Coldman as the man who shot him.

DISCUSSION

A. Errors Patent

A review of the record for errors patent reveals the court rendered its verdict and immediately noted the defendant's intent to appeal. The court then sentenced the appellant. Although an appeal may be taken only from a conviction and sentence, this court has held that it is not necessary to dismiss an appeal taken after conviction but before sentencing because "[d]ismissing the appeal would simply result in a delay of the appellate process and hinder defendant's right to appeal." State v. Martin, 483 So.2d 1223, 1225 (La.App. 4 Cir.1986). See also State v. Thompson, 98-0988 (La.App. 4 Cir. 1/26/00), 752 So.2d 293. This error is harmless.

There are no other errors patent.

B. Assignment of Error by Counsel

Through counsel, the appellant contends the trial court erred by denying his motion to suppress the confession. He raises two claims within this assignment: (1) the confession was the product of an illegal arrest; and (2) the State failed to prove the confession was voluntarily and freely given.

With respect to the first claim, the appellant was arrested pursuant to an arrest warrant. He argues that the affidavit for the warrant does not set forth probable cause for the magistrate to issue the arrest warrant. This issue was raised in the trial court, and the court rejected this argument.

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Bluebook (online)
769 So. 2d 131, 2000 WL 1486270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coldman-lactapp-2000.