State v. Collins

734 So. 2d 723, 98 La.App. 5 Cir. 376, 1999 La. App. LEXIS 556, 1999 WL 126157
CourtLouisiana Court of Appeal
DecidedMarch 10, 1999
DocketNo. 98-KA-376
StatusPublished
Cited by2 cases

This text of 734 So. 2d 723 (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, 734 So. 2d 723, 98 La.App. 5 Cir. 376, 1999 La. App. LEXIS 556, 1999 WL 126157 (La. Ct. App. 1999).

Opinion

2CHEHARDY, Judge.

Paul J. Collins, convicted by a jury of attempted first degree robbery, appeals his sentence of ten years at hard labor without benefit of parole, probation or suspension of sentence. We affirm.

FACTS

Paul J. Collins was charged with violation of La.R.S. 14:27:64.1, attempted first degree robbery, for attempting to rob Lana Rollins “while leading the victim to reasonably believe he was armed with a dangerous weapon.” A twelve-member jury found him guilty as charged on November 20, 1997. On November 26, 1997, the defendant was sentenced to serve ten years at hard labor without benefit of parole, probation, or suspension of sentence. The defense attorney made an oral objection to the sentence as excessive and an oral motion for reconsideration of the sentence, which the trial judge denied. The defendant’s motion for appeal was granted on December 1,1997.

At trial the State presented the following evidence.

Lana Rollins testified that on June 27, 1997 she was in her first day on the job as a cashier at the Shell gas station convenience store at 2800 Belle Chasse Highway. The only other employee working with her on that day was James, who was in charge of the car wash. At approximately 11:15 a.m., a man entered the hstore and said he had come in because it was raining. Rollins and James were both in the store. The man looked “real nervous” and was “running back and forth.” He kept going in and out of the restroom. He was “just looking around nervous” and he asked Rollins her name. She noticed he kept looking at James and he was carrying a blue handkerchief in his hand. She identified State’s Exhibit 1 as the handkerchief. She said the handkerchief was empty when he came in with it.

Finally, the man went toward the back of the store and Rollins could not see what he was doing. When he came back out he kept looking around and watching James. Then he came and leaned over the counter and asked her about some products behind the cashier’s counter. He kept looking-back, stepping in and out of the store and looking, and then he came back to the counter and leaned over it. He was holding the handkerchief in his hand. It looked like he had something in it that looked silver. She could only see the top part. He then bought some crackers.

She thought he had a gun and she felt nervous and scared. She did not-press the store’s alarm button, however, because it was her first day and she didn’t know how it worked or when to use it. He stood there for a while until more customers came in. Then he went -back into the bathroom and came back out. Rollins testified, “It looked like it was empty again” and the man left the store.

Rollins called her manager and told him someone had just come in with a gun. Her manager asked if he had left and she said yes. He told her that if the man came back, she should hit the alarm button and call the police. She also discussed the incident with James, the other employee, but he had not seen what she saw.

About an hour later she saw the man walking back up the highway. He passed up the store and then came back. He came into the store and went back into the bathroom. She said that was when she pressed the panic button. The man ran out of the store.

L Rollins identified the defendant in court as the man who was at the store that day. She stated further that the store manager arrived and began following the man. When the police arrived, Rollins advised them of the direction that the defendant and her manager had taken. Later that day the police brought the defendant back to the store. They asked Rollins to identify the handkerchief and asked her how he was holding it.

[725]*725The officers also viewed the store’s surveillance videotape. Rollins explained in court that the video camera is on the side, at an angle behind where she stands. Because of the angle, she said, the videotape does not show the defendant leaning over or talking to her. However, she had no doubt that the defendant was the person she saw or that State’s Exhibit 1 was the bandanna that was covering up the gun.

On cross examination Rollins repeated that the gun she thought she saw was silver and it was covered by the bandanna. She said the defendant never reached that hand over the counter, but he used his free hand to point to the product he was asking her about. James was in the back of the store by the cooler of soft drinks almost the entire time and was never by the front counter. The defendant talked to James and showed him something in a book he was reading. She also admitted that at one point while the defendant was in the store, another customer asked for directions and the defendant gave them to him.

Thuong “Chris” Nguyen testified he owns the Shell gas station and convenience store at 2800 Belle Chasse Highway in Gretna. On June 27, 1997 a new cashier, Lana Rollins, was working her first day at the store. He received a telephone call from Lana around eleven in the morning. Due to a hearsay objection by the defense, Nguyen was not allowed to testify to what Lana told him, but only to | ¿what he said to her. He told her to hit the panic button if the man comes back again. He got another call from her a couple of hours later and told her he was on his way.

Nguyen testified that when he arrived at the store Lana pointed out the suspect to him. Nguyen identified the defendant in court as the person to whom Lana pointed. The suspect was leaving, so Nguyen and his fiancee, Heather Tran, followed him. They observed a blue bandanna and something sticking out from the back of his shirt. They followed him to his trailer and waited for police to arrive.

Nguyen showed the officers where the suspect lived. He observed the police knock on the door and the suspect come out. Nguyen identified the defendant in court as the person who came out of the trailer. The police brought the suspect over to him, where he identified him as the person he had followed from the store. Nguyen heard the suspect tell police that he “never was there.”

Nguyen testified he had seen the defendant at the store three or four times before. He “always acted suspicious” when he came in, would look “real nervous,” using the bathroom several times. Sometimes he would purchase an item, then would leave and come back. Previously, however, he did not have a bandanna or anything in his hand. Nguyen identified State’s Exhibit 1, a blue bandanna, as the one he saw the defendant with on the day he followed him.

Heather Tran, Nguyen’s fiancée, testified she helps Chris Nguyen run his gas stations. She corroborated Nguyen’s testimony, stating they followed the defendant to his house. She also identified the defendant in court. She said when they were following him she saw something sticking out of his pocket that looked like a gun wrapped in a towel. She identified State’s Exhibit 1 as the scarf the police brought over, but also said that normally when the defendant came in the store he would bring a scarf with him, although previously the scarf was red.

| riThe jury was sequestered while the defendant’s motion to suppress his oral statements was heard. After testimony from Sergeant Schmidt, the arresting officer, the court denied the motion to suppress. The jury returned and the trial proceeded.

Sergeant Martin Schmidt of the Gretna Police Department testified that on June 27, 1997 he responded to a call regarding an attempted armed robbery from the Gretna Shell station at 2800 Belle Chasse [726]*726Highway.

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Related

State v. Spencer
167 So. 3d 847 (Louisiana Court of Appeal, 2015)
State v. Palermo
765 So. 2d 1155 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
734 So. 2d 723, 98 La.App. 5 Cir. 376, 1999 La. App. LEXIS 556, 1999 WL 126157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collins-lactapp-1999.