State v. Courville

536 So. 2d 661, 1988 La. App. LEXIS 2853, 1988 WL 133741
CourtLouisiana Court of Appeal
DecidedDecember 14, 1988
DocketNo. CR 88-405
StatusPublished
Cited by2 cases

This text of 536 So. 2d 661 (State v. Courville) 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. Courville, 536 So. 2d 661, 1988 La. App. LEXIS 2853, 1988 WL 133741 (La. Ct. App. 1988).

Opinion

DOUCET, Judge.

On February 28, 1986, the defendant, Kenneth Courville, was convicted of three counts of armed robbery, violations of La. R.S. 14:64. On February 19, 1988, the defendant was sentenced to serve three concurrent forty year terms at hard labor, without benefit of parole, probation or suspension of sentence. Defendant now appeals raising six assignments of error. ASSIGNMENTS OF ERROR NOS. 1, 3, AND 4:

By these assignments of error defendant contends that the jury erred in finding him guilty, and the court erred in not granting his motion for post verdict judgment of acquittal and his motion for a new trial. Defendant asserts that he is entitled to the relief requested because several witnesses discussed the crimes prior to defendant’s arrest, contradictory testimony was given, and the totality of the evidence is insufficient to support his conviction.

At trial, the state presented several witnesses to the two robberies which occurred at 9:15 p.m. on July 12, 1985 at Hebert’s Conoco. The evidence presented revealed that Regina Fontenot, Rene Sittig, William Debord and Francis Schoeffler were inside the store, and Angela Guillory had just exited the store and was in her car preparing to leave. Guillory noticed a bearded man on the side of the store wearing a winter cap. Guillory testified that the man walked to the entrance of the store but backed off when William Debord exited the store with boxes. Guillory testified that she saw the man remove something from his back pocket but she could not see what it was, and she left the area before he entered the store.

William Debord testified that when he left the store to throw boxes in the trash, he noticed a man standing on the side of the store who had brown hair, a beard and a mustache, and was wearing blue jeans. Debord testified that he got a good look at the man’s face because it was odd for someone to be standing where the man was. Debord testified that he saw the man enter Hebert’s Conoco, and when he returned to the store, it was being robbed. Debord stated that he knew the man he saw outside without a mask was the masked robber within the store because there was no one else in the store who had not been there previously.

Regina Fontenot testified that she was robbed by a masked gunman with a bony facial structure, a beard, and dark brownish colored hair. Ms. Fontenot also commented that the robber had a deep voice. Rene Sittig was also present during the robbery and testified that the gunman had a blondish brown beard, and was wearing blue jeans, boots, and a cream colored shirt.

The robber ordered everyone onto the floor, took the contents of the store’s cash register and Francis Schoeffler’s wallet, and exited the store.1 Tony Daigle, Sandra [663]*663Rider, and George Leger pulled up to Hebert’s Conoco as the robber was leaving the store. Rider testified that she noticed a man without a mask and with a beard, who was carrying a bag and walking fast on the sidewalk. The man produced a gun, shot at Rider, and then fled on foot. Dai-gle corroborated Rider’s testimony regarding the man’s beard, and the fact that he shot at Rider.

On August 15, 1985, at about 12:55 p.m., Manuel’s Quick Stop was robbed. August 15, 1985 was the day Hurricane Danny hit Louisiana. Ms. Sheila Laughlin was working alone that day when she was confronted by a masked gunman who demanded money. Ms. Laughlin testified that the robber knew her name and used it when he demanded money. Ms. Laughlin testified that she knew who the robber was because he was a regular customer and she had known him most of her life. Specifically, Ms. Laughlin stated she recognized his voice, eyes and build.

Based on Ms. Laughlin’s identification the police arrested the defendant. On August 20, 1985, a lineup was held for the purpose of identification. Angela Guillory identified the defendant in the lineup as the man she saw outside Hebert’s Conoco on July 12, 1985. William Debord and Sheila Laughlin identified the defendant as the man who robbed them. Sandra Rider also attended the lineup but selected someone other than the defendant as the man who shot at her. At trial, Ms. Rider stated she was uncertain at the lineup and she was only guessing.

The defendant presented no testimony regarding his whereabouts on July 12, 1985. By way of defense to the July 12, 1985 crimes, defendant presented some testimony that he cooperated with police in their search for a suspect. As to the August 15, 1985 offense, defendant presented the testimony of Michael Fontenot, a friend, who testified he was with the defendant around 1:00 p.m. on August 15, 1985, and they were never around Manuel’s Quick Stop.

The defendant also presented the testimony of Wilbert Thibodeaux, a neighbor, who testified that he was on his porch the morning hours of August 15, 1985 until defendant was arrested, and he did not see defendant leave his house until he left with Fontenot at 1:00 p.m. Thibodeaux’s testimony was controverted by another defense witness, Phyllis Pitre, who testified that defendant left the house around 11:00 a.m. to drive a friend home.

The standard for appellate review when a defendant challenges the sufficiency of the evidence in support of his conviction, and when a defendant seeks review of a denial of his motion for post verdict judgment of acquittal under La.C.Cr.P. art. 821, is the same. The question on appeal is whether a rational trier of fact, after viewing the evidence in a light most favorable to the prosecution, could conclude that the state proved every element of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 807, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Smith, 441 So.2d 739 (La.1983); State v. Sutton, 436 So.2d 471 (La.1983).

In this case the evidence presented, viewed in a light most favorable to the prosecution, adequately proves each element of the three offenses beyond a reasonable doubt.

The first two robberies occurred on July 12,1985. William Debord and Angela Guil-lory both identified the defendant as the man they saw outside Hebert’s Conoco, unmasked, just prior to the robbery. Guil-lory testified that she saw the defendant begin to go into the store but draw back as Debord came out of the store. Debord testified that he saw the defendant enter the store and when he (Debord) returned to the store a very short time later, a masked gunman was robbing the store. Debord knew the man he saw outside was the perpetrator because no one else (who was not previously there) was in the store. Also, various partial facial and clothing descriptions by those in the store corroborated Debord’s and Guillory’s descriptions of the man outside.

During the incident the store’s cash register was robbed. Francis Schoeffler’s wallet was also taken. This later incident [664]*664forms the basis of the second count against defendant from the July 12, 1985 robbery.

Defendant exited the store as customers were arriving. Defendant had taken off his mask and the partial description of defendant’s appearance by these customers corroborates the description of the victims in the store.

A rational trier of fact, viewing the evidence in a light most favorable to the prosecution, could well conclude beyond a reasonable doubt, that the defendant robbed both Hebert’s Conoco and Francis Schoef-fler.

The third robbery occurred on August 15, 1985, at 12:55 p.m., at Manuel’s Quick Stop.

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Related

State v. Francis
748 So. 2d 484 (Louisiana Court of Appeal, 1999)
State v. Armstrong
683 So. 2d 1261 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
536 So. 2d 661, 1988 La. App. LEXIS 2853, 1988 WL 133741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-courville-lactapp-1988.