State v. Collins

557 So. 2d 269, 1990 WL 2368
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1990
Docket88-KA-2200
StatusPublished
Cited by7 cases

This text of 557 So. 2d 269 (State v. Collins) 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. Collins, 557 So. 2d 269, 1990 WL 2368 (La. Ct. App. 1990).

Opinion

557 So.2d 269 (1990)

STATE of Louisiana
v.
Roger L. COLLINS.

No. 88-KA-2200.

Court of Appeal of Louisiana, Fourth Circuit.

January 16, 1990.

Harry F. Connick, Dist. Atty., Jack Peebles, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State of La.

Michael S. Gallagher, S.J., New Orleans, for defendant-appellant Roger C. Collins.

Before KLEES, WARD and ARMSTRONG, JJ.

KLEES, Judge.

The defendant Roger Collins was charged in a nine count bill of information on October 2, 1987 with six counts of armed robbery, two counts of attempted first degree murder, and one count of attempted armed robbery. Trial was held May 3 and 4, 1988, and the defendant was found guilty as charged of four armed robbery counts, the attempted armed robbery charge and aggravated battery on each of the two attempted first degree murder charges.

The trial court imposed the maximum sentence for each count. In addition, she required that two of the 99 year sentences for armed robbery be served consecutively and that one ten year sentence for aggravated battery be served consecutively, a *270 total of 208 years, 198 of which to be served without parole, probation or suspension of sentence.

FACTS:

On August 2, 1987, Darlene Bonis and her husband, Mark Bonis, were parking their car near Kenilworth Playground in New Orleans East. Mr. Bonis had gone to the rear of the car when he heard someone say, "Hand it over." He saw a man, later identified as the defendant, Roger Collins, point a handgun to Darlene Bonis' head. Mrs. Bonis struggled briefly then relinquished her purse. The defendant then approached Mr. Bonis, put the pistol to his head then asked Mr. Bonis for his wallet and car keys. Mr. Bonis complied and the defendant then left in a pink and maroon Ford Granada. Mrs. Bonis selected the defendant's photograph from a photographic lineup and selected the defendant during a physical lineup as the perpetrator of this offense. Mr. Bonis was unable to identify the defendant's photograph but identified him at the physical lineup conducted August 19, 1987. These events formed the basis of count 1 and count 2.

Later that same day, Mr. Leonard Wilkinson was sitting in the driver's seat of his car in his driveway, waiting for his wife to come out of the house. A pale pink Ford blocked the driveway and a man, later identified as the defendant, approached his wife as she was entering the car. The defendant hit Helen Wilkinson on her head with the butt of a pistol and said, "Give it up." The defendant then took the purse and fled in the pink Ford. As Mr. Wilkinson attempted to read the license plate of the fleeing car, the car stopped and the defendant exited the passenger side and shot a pistol at Mr. Wilkinson. At the physical lineup conducted on August 19, 1987, Mr. Wilkinson selected the defendant as the perpetrator of these crimes. These events formed the basis of counts 3, 4 and 5 in the bill of information. Mrs. Wilkinson suffered a stroke two weeks after the incident and was unable to testify at trial.

The next day, at approximately 9:30 a.m., Ms. Mabel Solis was watering her yard when she saw a man, later identified as the defendant, approach her neighbor, Mr. Edward Murray, point a pistol at him and demand his wallet and watch. Mr. Murray gave the defendant the wallet after urging from Mr. Clifford Levet who was on his porch across the street and was watching these events. The defendant then pointed the gun at Mr. Murray and Ms. Solis and ordered them into Mr. Levet's house across the street. (Mr. Levet is Ms. Solis' brother.) As the three victims and the defendant entered the house, the defendant began beating each of them on their heads with the butt of his pistol. Ms. Solis told the defendant that she and her brother lived on social security and there was no money in the house. The defendant then fled without taking anything further.

Mr. Murray did not testify at trial but both Mr. Levet and Ms. Solis selected the defendant's photograph from the photographic lineup and selected the defendant during the physical lineup as the perpetrator of these offenses. Both Mr. Levet and Ms. Solis required sutures to close the wounds on their heads. Mr. Murray's daughter, Betty Ann Murray Alexander, identified a watch taken from the defendant as that belonging to her father. The robbery of Mr. Murray forms the basis of count 7 in the bill of information.

On August 5, 1987, at approximately 10:00 a.m., Mr. Elmer Armstrong was working under the dashboard of his taxi on Eastern Street in New Orleans. He heard someone tell him to turn over and then someone began hitting him with the barrel of a gun. The defendant fled without taking Mr. Armstrong's wallet. Mr. Armstrong suffered three cuts to his head requiring five stitches each. Mr. Armstrong did not identify the defendant at the physical lineup.

Mr. Armstrong's wife, Ms. Lorraine Armstrong, witnessed the assault on her husband. She saw the defendant on top of her husband, hitting him. She screamed and the defendant fled. At the physical lineup, Ms. Armstrong made a tentative identification of the defendant. Ms. Gwen Hunt also witnessed these events and saw a man jump into a slowly moving car and *271 flee. The attempted robbery of Mr. Armstrong forms the basis of count 8.

Officer Mel Gerrets testified that the defendant made several statements regarding these events. According to the statements read to the jury during trial, the defendant admitted to the armed robbery of Mr. and Mrs. Bonis near the Kenilworth Park on August 2, 1987. The defendant stated that he was in his cousin's car with Charles Anderson and Woodrow Wilson who was driving. The defendant's cousin's car was a pink Ford Granada.

The defendant also made a statement regarding the Wilkinson beating and robbery. According to the defendant, Woodrow Wilson committed the armed robbery and beating of the victim while the defendant was driving the pink Granada. The defendant stated that Woodrow Wilson pointed the gun at Leonard Wilkinson and shot.

The defendant also made a statement to investigating officers after his arrest on August 10, 1987 regarding the attempted robbery and beating of Elmer Armstrong on Eastern Street. According to the defendant, he and Charles Anderson approached the victim as he was in his car. The victim, Elmer Armstrong, began hollering and swung a screwdriver at Charles Anderson, prompting Charles Anderson to hit Mr. Armstrong with the gun. An "old lady" then came out of the house causing Charles Anderson and the defendant to flee. The defendant made these statements on August 10, 1987, after he was apprehended with the assistance of information furnished from a confidential informant.

Errors Patent

A review of the record for errors patent reveals none.

Assignments of Error

By the defendant's sole assignment of error, he contends that the trial court erred in imposing excessive sentences.

The trial court imposed the maximum sentences in each of the seven counts. The sentences for counts 1, 2 and 4 are to run consecutively. The sentences for counts 3, 5, 7 and 8 are to run concurrently. Thus, the defendant will serve 208 years at hard labor; 198 of those years to be served without benefit of parole, probation or suspension of sentence. The defendant complains of both the length of the sentences and the fact that the trial judge ordered three of the sentences to run consecutively.

Article 1 § 20 of the 1974 Louisiana Constitution prohibits the imposition of excessive punishment. The sentence may be reviewed for excessiveness even though it is within statutory limits. State v. Cann

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Cite This Page — Counsel Stack

Bluebook (online)
557 So. 2d 269, 1990 WL 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collins-lactapp-1990.