State v. Cooper

120 So. 3d 844, 2012 La.App. 4 Cir. 0174, 2013 WL 3475305, 2013 La. App. LEXIS 1429
CourtLouisiana Court of Appeal
DecidedJuly 10, 2013
DocketNo. 2012-KA-0174
StatusPublished
Cited by6 cases

This text of 120 So. 3d 844 (State v. Cooper) 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. Cooper, 120 So. 3d 844, 2012 La.App. 4 Cir. 0174, 2013 WL 3475305, 2013 La. App. LEXIS 1429 (La. Ct. App. 2013).

Opinion

SANDRA CABRINA JENKINS, Judge.

|sThe defendant appeals his convictions and sentences for armed robbery with a firearm, La. R.S. 14:64.3 and possession of stolen property, La. R.S. 14:69. The defendant assigns as error: (1) the trial court’s denial of the defendant’s motion to sever; (2) insufficiency of evidence to support convictions of armed robbery with a firearm; and (3) the trial judge’s entrance into the jury room during jury deliberations constitutes reversible error.

[846]*846We find no error in the trial court’s judgment denying the defendant’s motion to sever. Additionally, we find the State presented sufficient evidence to convict the defendant of two counts of armed robbery with a firearm. Finally, the defendant waived his right of review for failure to make a contemporaneous objection at the time of occurrence of the trial judge’s entry into the jury room during jury deliberations.

The defendant’s convictions are affirmed and the sentence imposed for his conviction of illegal possession of stolen property is affirmed. The defendant’s sentences for two counts of armed robbery with a firearm are vacated and remanded for resen-tencing to impose the enhancement penalty of five years imprisonment as mandated by La. R.S. 14:64.3.

STATEMENT OF CASE

Keith Cooper was charged by bill of information with three counts of armed robbery with a firearm and one count of illegal possession of a stolen automobile.1 14A jury trial was conducted on April 5, 2011, at which time the defendant was found guilty as charged on two counts of armed robbery with a firearm and one count of illegal possession of stolen property. The defendant was found not guilty on the remaining count of armed robbery with a firearm. The defendant was sentenced to a term of imprisonment to serve fifty years at hard labor on each count of armed robbery with a firearm and ten years at hard labor on his conviction for illegal possession of stolen property. The trial court ordered that all sentences are to be served concurrently.

STATEMENT OF FACT

Count One — Charles Lavoy

On or about April, 25, 2010, at approximately 3:45 a.m., Charles Lavoy began to enter his vehicle at the corner of Dumaine and Allard Streets when he noticed a gray or silver vehicle drive past his car and come to a swift halt. An African-American male jumped out of the car and approached his driver’s side window. The suspect pulled a gun out of his pants and pointed it at Lavoy. The suspect told Lavoy to give him his money. A second suspect came over and told Lavoy to turn over the car. Lavoy gave the suspects his wallet, keys, and cell phone, but he had no money in his possession. Lavoy exited the vehicle, and the two subjects entered the vehicle. Lavoy started walking back to his brother’s girlfriend’s house when he heard a gunshot and then he began running.

Lavoy’s vehicle was located a couple of days after the robbery. Upon inspection of his vehicle, Lavoy found a gun next to the fuse box under the hood. | sLavoy immediately notified the police of his discovery and was careful not to touch the weapon. The officers retrieved the weapon and preserved it for evidence.

Count Three-Stephanie Hinton

On April 26, 2010, at approximately 11:30 p.m., Stephanie Hinton left a coffee [847]*847shop and headed home. Ms. Hinton was living on Iberville Street, near the intersection of Iberville and Murat Streets. Ms. Hinton parked her vehicle on the side of the street which was closest to her house. As Ms. Hinton walked around to the passenger side of the vehicle to get her bags out of the car, she heard a sound coming from behind. She turned around, facing Murat Street, and saw a man coming towards her with a gun. The man demanded that she give him everything she had. She gave him her keys and cell phone. At that point, another man approached Ms. Hinton and the first suspect. The second suspect took Ms. Hinton’s keys and got into her vehicle. The gunman instructed Ms. Hinton to turn around and to keep walking. Ms. Hinton complied with the orders of the gunman. While walking away, Ms. Hinton was able to hear her car start. Ms. Hinton was able to go to a neighbor’s home and call 911.

Arrest of Keith Cooper

On April 27, 2010, while responding to a complaint of loud music in the 500 block of Washington Avenue, New Orleans Police Officer James Alexander encountered the defendant, Keith Cooper. When the officer neared the 600 block of Washington Avenue, he could hear the music coming from a Hyundai Accent. Officer Alexander parked behind the vehicle, and walked to the driver’s side of the Hyundai. The car window was down so Officer Alexander tapped on the door and ordered the person in the driver’s seat, later identified as the defendant, Keith Cooper, to turn the music down and step out of the vehicle. The defendant blurted Rout that the vehicle was not his and he did not have a driver’s license. Officer Alexander ran the license plate number and learned that the vehicle was stolen. The officer then arrested the defendant for possession of a stolen automobile and advised the defendant of his Miranda rights. The defendant told the officer that the vehicle was a “rock rental.” Officer Alexander contacted the Third Police District detectives who came to the scene. The crime lab was also called out, and the defendant was taken to the Third Police District for questioning. Officers later learned that the owner of the Hyundai Accent was Charles Lavoy.

Jdentiñcation of Keith Cooper

Detective Hal Amos investigated the armed robberies of Charles Lavoy and Stephanie Hinton. The officer testified that Lavoy assisted in creating a composite sketch of the suspect, and Lavoy identified the defendant, Keith Cooper, in a photographic lineup as the person who robbed him. After the defendant was arrested in possession of Lavoy’s vehicle, the defendant became a suspect. A search was conducted at the defendant’s house, and two polo striped shirts, similar to the description given by Lavoy, were found.

Detective Brooke Duncan investigated the armed robbery of Stephanie Hinton. At approximately 11:45 p.m. she responded to a call of an armed robbery at the intersection of Iberville and Murat Streets. Ms. Hinton told Det. Duncan that there were two perpetrators. The defendant, Keith Cooper, was developed as a suspect when the officer learned that he had been arrested the night before in a stolen automobile. Ms. Hinton assisted in creating a composite photograph of the suspects and later identified the defendant, Keith Cooper, in a photographic lineup. Hinton told the officer that the suspects took her keys, her cell phone, and her car which contained her purse, I-Pod, and laptop computer. The vehicle was later |7recovered on South Alexander Street. The victim’s I-Pod was found in codefendant Michael Feltus’ house.

ERRORS PATENT

A review of the record for errors patent reveals two. The trial court imposed ille-[848]*848gaily lenient sentences as to the two counts of armed robbery with a firearm, La. R.S. 14:64.3.

La. R.S. 14:64.3 restricts parole, probation, or suspension of sentences and mandates a sentencing enhancement of five years to run consecutively with the underlying sentence of armed robbery when the dangerous weapon used is a firearm:

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Bluebook (online)
120 So. 3d 844, 2012 La.App. 4 Cir. 0174, 2013 WL 3475305, 2013 La. App. LEXIS 1429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cooper-lactapp-2013.