State v. Coston

800 So. 2d 907, 2001 La. App. LEXIS 2360, 2001 WL 1359781
CourtLouisiana Court of Appeal
DecidedSeptember 5, 2001
DocketNo. 2000-KA-1132
StatusPublished
Cited by5 cases

This text of 800 So. 2d 907 (State v. Coston) 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. Coston, 800 So. 2d 907, 2001 La. App. LEXIS 2360, 2001 WL 1359781 (La. Ct. App. 2001).

Opinion

L LOVE, Judge.

On December 14, 1998, the State filed a bill of information charging the defendant, Stanley Coston, with two counts of armed robbery (counts one and four), with burglary of an inhabited dwelling (count two), and with two counts of first degree robbery (counts three and five). The defendant was arraigned and pled not guilty on December 16, 1998. On January 11, 2000, the court severed the burglary count. On January 12, 2000, the jury found the defendant guilty on four counts of first degree robbery.

On February 7, 2000, the State filed a multiple bill of information charging the defendant as a third felony offender. On March 10, 2000, the court sentenced the defendant to a total of four years for all of the counts, without benefit of parole, probation or suspension of sentence, with sentences to run concurrently. On March 20, 2000, following a hearing on the multiple bill, the court adjudicated the defendant a second felony offender. The trial court set aside the sentences on counts three and four, and re-sentenced the defendant on both of these counts pursuant to La. R.S. 15:529.1 to forty years, without benefit of parole, probation or suspension of sentence, with credit for time served and with sentences to run concurrently and concurrent with any other sentence.

| .¿following the multiple bill hearing, the defendant withdrew his not guilty plea to burglary and entered an Alford1 plea. The trial court sentenced the defendant to one year on the burglary count, without benefit of parole, probation or suspension of sentence, with credit for time served and with sentence to run concurrently with any other sentence.

[911]*911 FACTS

The defendant was charged with crimes arising from five separate incidents. The first incident occurred at 8:15, a.m. on October 3, 1998, as Karla Zelaya2 exited her apartment in the 3700 block of Camp Street. A man riding a red bicycle approached her, exposed a gun tucked in his waistband, and demanded her purse and keys. After the assailant rode away with her purse, she went to a neighbor’s house, and called the police.

Officer Edgar Steahle responded to Ms. Zelaya’s call. He questioned the distraught victim, who provided a full physical description of the perpetrator and his clothing. Officer Steahle searched the neighboring area but did not locate the suspect. Detective Sal Caronna investigated the Zelaya robbery, and developed the defendant as a suspect. On October 13, 1998, he presented a photographic lineup to Ms. Zelaya; she positively identified the defendant as her assailant.

The second incident occurred on October 9, 1998 when the defendant allegedly burglarized the home of Casey Valadie at 3622 Constance Street.

The third incident occurred on October 9, 1998, at 8:30 a.m. when Kathleen Costello was backing her car out of her driveway in the 1000 block of Peniston Street and she heard a loud bang on the rear of her vehicle. Ms. Costello looked 13back to investigate the noise, and she saw a man leaning over, as if she had hit him with her vehicle. She offered the man assistance, and asked him his name and address, but the man demanded money and the car keys. When she refused, the man shoved Ms. Costello into the car. Ms. Costello sounded the horn, and the assailant raised his T-shirt as if reaching for a weapon. Refusing to give the man her car keys, Ms. Costello surrendered about one hundred dollars, and the assailant walked away.

On the morning of the robbery, Ms. Costello reported the incident to the police. Detective Gerard Kuhn showed Ms. Costello a photographic lineup, but she did not identify her assailant in any of the photographs. On October 13, 1998, Detective Kuhn, along with Detective Lisa Phillips, displayed a second photographic lineup to Ms. Costello, and she immediately identified the defendant as the robber.

The fourth incident occurred on October 11, 1998, as Michael Triay secured his son in his ear, which was parked on Audubon Street. A man on a bicycle stopped next to the Triay vehicle and indicated that he was armed. The man ordered Mr. Triay to surrender his money or be shot. After Mr. Triay gave the robber his money, the robber rode away on his bicycle. Mr. Triay reported the incident to the police, giving a physical and clothing description, which included plaid underwear worn by the suspect. Detective Louis Labat investigated the Triay armed robbery and developed the defendant as a suspect. On October 15, 1998, Mr. Triay identified the defendant as the armed robber from a photographic lineup compiled by Officer Labat.

|4The fifth incident occurred on October 11, 1998, at 11:45 p.m. when Officer Brian Warner responded to a robbery call in the 4800 block of Baronne Street. The victim, Nicole Farkouh, described her assailant and told Officer Warner that the suspect entered her home and demanded money. She gave the suspect twenty-three dollars. The suspect told Ms. Farkouh to accompany him upstairs but she refused. The assailant then indicated that he had a gun in his pants pocket. When Ms. Farkouh asked to see the weapon, the suspect fled. [912]*912Ms. Farkouh subsequently identified the defendant from a photographic lineup as the man who robbed her.

At 4:30 a.m. on October 13, 1998, Officer Vernell Brown and his partner observed the defendant walking near the intersection of Chestnut and Upperline Streets, pushing a red bicycle. Officer Brown noticed that the defendant fit the description of a suspect sought in connection with a rash of uptown robberies. Officer Brown stopped the defendant, verified his identity, and arrested him on suspicion of armed robbery.

After the defendant was arrested and read his rights, he gave a statement to Detective Kuhn, admitting that he robbed Ms. Costello and confessing to a burglary of an uptown dwelling. Detectives Lisa Phillips and Walter Gifford executed a search warrant on the defendant’s home during which they seized several items of clothing, including a pair of plaid underwear. One victim, Mr. Triay, identified the plaid underwear among the clothing seized from the defendant’s home.

DISCUSSION

ERRORS PATENT

A review of the record reveals none.

\ .STATE’S ASSIGNMENT OF ERROR NUMBER 1

In its sole assignment of error, the State argues that the trial court erred in adjudicating the defendant a second felony offender, rather than a third felony offender, as charged in the multiple bill of information.

Louisiana’s Habitual Offender Law charges the district attorney with the burden of proving beyond a reasonable doubt any issue of fact, and the presumption of regularity of judgment shall be sufficient to meet the original burden of proof. La.Rev.Stat. ANN. § 15:529(D)(l)(b). The State must establish the prior felony and that the defendant was the same person convicted of that felony. State v. Neville, 96-0137 (La.App. 4 Cir. 5/21/97), 695 So.2d 534, 538-39. To prove that the defendant is the same person convicted of the prior felony, the State may introduce witness testimony, expert opinion regarding the fingerprints of the defendant when compared with those in prior records, or photographs in the duly authenticated record. State v. Henry, 96-1280 (La.App. 4 Cir. 3/11/98), 709 So.2d 322, 326.

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Bluebook (online)
800 So. 2d 907, 2001 La. App. LEXIS 2360, 2001 WL 1359781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coston-lactapp-2001.