State v. Coleman

133 So. 3d 9, 2012 La.App. 4 Cir. 1408, 2014 WL 530222, 2014 La. App. LEXIS 41
CourtLouisiana Court of Appeal
DecidedJanuary 8, 2014
DocketNo. 2012-KA-1408
StatusPublished
Cited by9 cases

This text of 133 So. 3d 9 (State v. Coleman) 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. Coleman, 133 So. 3d 9, 2012 La.App. 4 Cir. 1408, 2014 WL 530222, 2014 La. App. LEXIS 41 (La. Ct. App. 2014).

Opinion

MADELEINE M. LANDRIEU, Judge.

1 TLatrell Coleman appeals his conviction of attempted second degree murder. After review of the record, we have ascertained two errors patent. For the reasons that follow, we affirm the conviction and sentence of Mr. Coleman. We remand for the limited purpose of correcting the minute entry.

STATEMENT OF THE CASE

Latrell Coleman was charged by bill of information with one count of attempted second degree murder, a violation of Louisiana Revised Statute 14:(27)30.1. Following a jury trial, Mr. Coleman was found guilty as charged. The trial court sentenced him to forty years at hard labor, to be served without benefit of parole, probation, or suspension of sentence. The State then filed a multiple offender bill of information pursuant to Louisiana Revised Statute 15:529.1, charging him as a second felony offender. Mr. Coleman waived a multiple bill hearing and pled guilty to being a second felony offender. The trial court vacated his original sentence and resentenced him to fifty-five years at hard labor, to be served without benefit of parole, probation, or suspension of sentence.

Mr. Coleman filed this appeal raising five assignments of error that the evidence was insufficient to support his conviction; that the trial court erred in ^denying his motion for a mistrial; that the trial court erred in denying his motion for a new trial; that his due process rights were violated at trial; and that the trial court erred by failing to properly authenticate a letter admitted as evidence at trial. This appeal follows.

FACTS

Late in the evening on October 31, 2010, two groups of people were in the French Quarter celebrating a New Orleans Saints football team winning a game. One group included the victim, and the other group included the defendant. At approximately 1:00 a.m. on November 1, a fight erupted in the 100 block of Bourbon Street between members of the two groups. All of the witnesses testified that the fight began between the victim, Christopher Schexnay-der (“Chris”) 1, and Robert Jenkins (“Robert”). The victim’s older brother, Lynell Schexnayder (“Lynell”), and his friend, Benny Swanigan (“Benny”), also became involved in the fight. Shots were fired leaving Chris with three gunshot wounds lying unconscious on the ground. Days later, Mr. Coleman was arrested in Georgia. He executed a waiver of extradition on November 6, 2010 and was returned to Louisiana where he was charged with the attempted second degree murder of Chris.

Following the shooting, N.O.P.D. officers arrived on the scene and detained Lynell, Benny, Robert, and Angelique Kel-son (“Angelique”). Officers also learned of four bystanders who may have witnessed the shooting.

Detective Tindell Murdock was the investigator assigned to the case. At the scene, Detective Murdock observed a pool of blood on the ground and two spent |3.40 [15]*15caliber Smith & Wesson shell casings. No weapons were found on the scene. Detective Murdock relocated to headquarters to obtain statements from the bystanders. He conducted a show-up identification of Robert to four bystanders. One of them identified Robert as the shooter; one said he might be; and two said he was not the shooter. No one was arrested that night for the shooting.

Lynell and Angelique both gave statements to the detective and testified at trial.2 They both testified that they, along with Chris and Benny, had attended a party to watch the Saints game. After the game, they went to Bourbon Street where they ran into Mr. Coleman and Robert. A fight broke out between Chris and Robert. During the fight, Robert slammed Chris into the ground. Lynell and Benny jumped into the fight to defend Chris. At some point, shots were fired and Chris lay on the ground unconscious.

The night of the incident Detective Mur-dock took a taped-recorded statement from Lynell. Lynell described the shooter as being 5'9" tall, a “red” or fair-skinned African American male, who wore dreadlocks with blond tips. Lynell identified the shooter as “Terell.” He testified that he knew “Terell” from their school days and that “Terell” lived in Harvey, Louisiana. Lynell described the fight and stated that out of the corner of his eye he saw the gun in “Terell’s” hand and when he looked back, he saw his “lil brother on the ground breathing for air.” Although he did not say it on tape, after Detective Murdock concluded the recording, Lynell verified to the detective that “Terell” and the defendant, Latrell Coleman, were the same person.

14At trial, although he denied being intimidated, Lynell stated that he was not sure who fired the gun. He acknowledged that Mr. Coleman’s family was in the courtroom and that he knew of the gang 3GM.

On the night of the shooting, Angelique also gave a statement to Detective Mur-dock narrating the events of the night. Her statement was consistent with Ly-nell’s statement. However, Angelique testified that before the fight began, she saw Mr. Coleman holding a gun. Angelique watched Mr. Coleman shoot the victim three times. Mr. Coleman stood about two feet from the victim and shot him as he lay on the ground. She also stated that the victim remained conscious until after the second shot. After the shooting, everyone ran, including Mr. Coleman. She identified Mr. Coleman by name as the shooter.

Detective Murdock compiled a six-person photographic lineup which he presented to both Lynell and Angelique. When he showed it to Lynell, Lynell began to cry, put the lineup down and did not identify anyone. Detective Murdock noted that the lineup contained a picture of Mr. Coleman. Angelique picked Mr. Coleman out from the photo lineup and testified that she was 100% certain of her identification.

On the basis of Angelique’s identification, Detective Murdock obtained an arrest warrant for Mr. Coleman and a warrant to search his residence located at 2305 East-mere Drive in Harvey. The search of Mr. Coleman’s room in the Eastmere residence produced a black gun case for a .40 caliber Smith & Wesson fifteen-shot gun and an empty box of Monarch .40 caliber bullets. There was no gun in the gun case, only a cleaning brush.

Initially, Detective Murdock was unable to interview the victim, Chris, as he was in [16]*16a coma. About two weeks after the shooting, Detective Murdock | .^interviewed Chris in the hospital, and he identified Mr. Coleman as the man who shot him. Chris also selected Mr. Coleman from the six-person photo lineup Detective Murdock presented to him. Chris was unable to memorialize his identification of Mr. Coleman by signing the back of the lineup because the shooting left him partially paralyzed. However, Chris’ mother attested on the back of the lineup that Chris had identified Mr. Coleman as his assailant.

At trial, Chris’s testimony was consistent with the testimony of Lynell and Angelique about the events leading up to and including the fight. Chris testified that he noticed the defendant with friends, Robert and Jarell Jessee (“Jarell”) on Bourbon Street. At some point, a fight broke out. He and Robert began fighting. Chris fell, and Robert got up. Lynell and Benny then began to fight with Robert. Chris then witnessed Jarell hand Mr. Coleman a gun which Mr. Coleman used to shoot him three times as he lay on the ground. Chris identified Mr. Coleman as the man who shot him.

Mr. Coleman’s father, Giovanni Johnson (“Giovanni”), testified that his son told him that he was going to Bourbon Street on the night of October 31, 2010.

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Cite This Page — Counsel Stack

Bluebook (online)
133 So. 3d 9, 2012 La.App. 4 Cir. 1408, 2014 WL 530222, 2014 La. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-lactapp-2014.