State v. Conrad

620 So. 2d 366, 1993 WL 185343
CourtLouisiana Court of Appeal
DecidedMay 25, 1993
Docket93-KA-130
StatusPublished
Cited by10 cases

This text of 620 So. 2d 366 (State v. Conrad) 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. Conrad, 620 So. 2d 366, 1993 WL 185343 (La. Ct. App. 1993).

Opinion

620 So.2d 366 (1993)

STATE of Louisiana
v.
Joseph CONRAD.

No. 93-KA-130.

Court of Appeal of Louisiana, Fifth Circuit.

May 25, 1993.

*367 Dorothy A. Pendergast, John Molaison and Terry Boudreaux, Dist. Attorney's Office, Gretna, for plaintiff/appellee, State of Louisiana.

Martin E. Regan, Jr., and Hans P. Sinha, New Orleans, for defendant/appellant, Joseph Conrad.

Before KLIEBERT, C.J., and BOWES and DUFRESNE, JJ.

BOWES, Judge.

The defendant, Joseph Conrad, appeals a verdict and sentence of the 24th Judicial District Court, in which he was found guilty of armed robbery and sentenced to 49½ years of hard labor. We affirm the *368 conviction, amend the sentence and affirm as amended.

STATEMENT OF THE CASE

The Jefferson Parish District Attorney filed a bill of information charging the defendant, Joseph Conrad, with armed robbery in violation of LSA-R.S. 14:64 and illegal use of a weapon by a convicted felon in violation of LSA-R.S. 14:95.1. At the arraignment, the defendant pled not guilty.

Following a jury trial the jury returned a verdict of guilty of armed robbery.

After the trial the defendant filed a pro se Motion for a New Trial and a second pro se Motion for Arrest of Judgment. In addition, his counsel filed a second Motion for New Trial along with numerous other motions. A hearing was held on May 20, 1992, to consider the post-verdict motions, and the trial judge denied all of the motions.

Defendant was sentenced to hard labor for a period of forty-nine and one-half years without benefit of parole, probation, or suspension of sentence.

A Motion to Reconsider Sentence was filed and denied by the trial court.[1]

FACTS AND EVIDENCE

On August 6, 1991, at approximately 10:00 p.m., Sharon Kenmure, the victim, was sitting outside of her apartment located in the Mark Twain II Apartment complex on Jefferson Highway in Harahan. As she sat waiting for a friend to pick her up, the defendant, Joseph Conrad, entered the apartment complex riding a yellow ten speed bicycle. Conrad initially rode past the victim but then turned around and approached Kenmure.

After the defendant rode up to where she was seated, he asked for her purse. Kenmure told Conrad that he could not have her purse. The defendant then removed a gun from his pants and said, "You have no choice." Conrad then grabbed the purse from her shoulder and placed the straps between his fingers. As the defendant pulled the purse away, Kenmure attempted to retrieve her keys and cigarette case which were loose on top of the purse. When Conrad reached for the cigarette case, she said, "No you don't." At that point, the complex security guard appeared in the parking lot. When Conrad glanced toward the security guard, Kenmure retrieved her purse from the defendant. Conrad then fled on his bicycle, and Kenmure called "911" to report the incident.

Deputy Brian Ruiz of the Jefferson Parish Sheriff's Office responded to the call and obtained a physical description of the defendant from Ms. Kenmure. Ruiz testified that the victim described her assailant as a "black male that appeared to look young, a slender face wearing ... grayish color, a faint grayish color pair of cut-off shorts that were almost white ... a pink shirt and a white hat." She also told officer Ruiz that he was riding a yellow bicycle.

Deputy Ruiz then testified that about thirty minutes after the incident he observed the defendant four to five blocks from the victim's apartment riding a yellow bicycle and wearing clothing which matched Kenmure's description of the perpetrator. When Ruiz and the other officer who were on patrol in the area attempted to apprehend Conrad, he fled through a residential area into a wooded area. At that point, the officers "flushed" the defendant out of the wooded area causing him to flee into the courtyard of a nearby apartment complex. Conrad attempted to hide underneath a parked vehicle and was ultimately apprehended. The victim did not see the defendant at any time between August 6, 1991, and November 15, 1991, the date of trial; however, she did identify him as the perpetrator in a physical line-up conducted on November 15, 1991, prior to the trial. Ms. Kenmure also identified the defendant at the trial, and identified his clothing; finally she stated emphatically *369 that Conrad was the man who had robbed her.

The only witness presented by the defense was the defendant. Conrad admitted fleeing from the police but denied robbing Sharon Kenmure.

ASSIGNMENT OF ERROR NUMBER ONE

The evidence presented by the State was insufficient to prove beyond a reasonable doubt the requisite elements of armed robbery.

Here the defendant challenges the sufficiency of the evidence which was used to convict him of armed robbery. Appellant's brief specifically challenges the sufficiency with regard to the "taking" element of the crime.

The constitutional standard for testing the sufficiency of the evidence, enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) requires that a conviction be based on proof sufficient for any rational trier of fact, reviewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime beyond a reasonable doubt. State v. Rosiere, 488 So.2d 965 (La.1986); State v. Honore, 564 So.2d 345 (La.App. 5 Cir.1990).

Defendant was charged with armed robbery, and the jury returned a guilty verdict. LSA-R.S. 14:64 defines armed robbery as follows:

A. Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.

Appellant contends that the evidence presented at trial did not establish the fact that a "taking" occurred in this case, and he therefore asserts the only offense for which the defendant could have been found guilty was attempted armed robbery.

In State v. Neal, 275 So.2d 765 (La. 1973), the Louisiana Supreme Court addressed the issue of what constitutes a "taking" under LSA-R.S. 14:64. There the Court wrote:

We are in accord with the trial court's Per Curiam to the effect that the slightest asportation of anything of value ... the slightest deprivation for the slightest period of time ... the slightest segregation of the property moved the slightest distance is sufficient to satisfy the elements of a theft, which is part of the crime charged. A theft occurs, when the thing is taken, although it may remain in possession of the thief for only seconds. See, Comments, LSA-R.S. 14:67. See also 2 Wharton's Criminal Law and Evidence (12th ed.) Robbery, Section 552.

Id. at 770. During the trial, the victim testified, "He reached with his left hand and grabbed my purse off my shoulder...". She also stated, "He took my purse and put the straps over his finger ... I grabbed my purse back from him ...". [emphasis added]. Thus, it appears that the above statements are sufficient under the Neal rationale to establish the "taking" element of armed robbery as contemplated under LSA-R.S. 14:64. These statements indicate that the defendant did have possession of the victim's purse at some point during the incident.

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Cite This Page — Counsel Stack

Bluebook (online)
620 So. 2d 366, 1993 WL 185343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-conrad-lactapp-1993.