State v. Crockett

886 So. 2d 1139, 4 La.App. 5 Cir. 201, 2004 La. App. LEXIS 2384, 2004 WL 2290614
CourtLouisiana Court of Appeal
DecidedOctober 12, 2004
DocketNo. 04-KA-201
StatusPublished
Cited by3 cases

This text of 886 So. 2d 1139 (State v. Crockett) 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. Crockett, 886 So. 2d 1139, 4 La.App. 5 Cir. 201, 2004 La. App. LEXIS 2384, 2004 WL 2290614 (La. Ct. App. 2004).

Opinion

| JAMES L. CANNELLA, Judge.

The Defendant, Anthony Crockett, appeals from his conviction of armed robbery and his sentence to 13 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. For the reasons which follow, we affirm and remand.

On December 5, 2002, the Jefferson Parish District Attorney filed a bill of information charging the Defendant with armed robbery in violation of La. R.S. 14:64. The Defendant was arraigned on December 6, 2002 and pled not guilty. On July 22 and 23, 2003, the case was tried before a twelve-person jury.

FACTS

Harmon Wright (Wright), the victim, testified that, on November 10, 2002, he got off work at 4:00 p.m. and went to the apartment of a friend, Donald Johnson (Johnson), where he had been residing. Wright had a paycheck for $550 in his pocket and $75 in cash from a catering event that he had worked the previous night. Johnson accompanied Wright as he cashed his check. Wright and Johnson lathen went shopping for groceries. They went back to Johnson’s apartment and Wright cooked dinner for a group including himself, Johnson, the Defendant, and another “guy.” They then watched a movie. When the movie ended, Johnson left the apartment with the “guy,” leaving the Defendant and Wright alone in the apartment. While the Defendant and Wright were watching television, a young lady [1141]*1141came to the apartment, sat on the sofa next to the Defendant, and said to him, “Black, let’s go get something off the corner.” The Defendant and the lady then left.

A minute or two later, at approximately 11:00 or 11:30 p.m., the Defendant came back inside the house with a red shirt wrapped around his head. He produced a rust-colored .9 mm gun and told Wright to “give it up.” Wright gave the Defendant the cash that he had in his pocket, which was approximately $600. The Defendant told Wright to go into the kitchen and the Defendant then left the apartment. Wright put his belongings into his vehicle and went to the police station around the corner to report the robbery. He did not call the police because there was no telephone in the apartment.

Once Wright got to the police station, he told an officer that he had just been robbed by an individual named “Anthony.” Wright was eventually shown a photographic lineup and positively identified the Defendant as the robber, immediately and without hesitation. Wright also positively identified the Defendant in court. Wright testified that Johnson later threatened him if he did not drop the charges. Wright stated that he thought Johnson had set him up.

Jefferson Parish Sheriffs Office Deputy Thomas Bryson testified that Wright walked into the Second District at approximately midnight and advised the deputy that he had been robbed at gunpoint. Wright told him that he knew the individual, that his name was “Anthony,” and that he recognized the Defendant when the Defendant came back to rob him.

| ¿Jefferson Parish Sheriffs Office Lieutenant Norman Schultz testified that he was contacted by Deputy Bryson regarding an armed robbery, that he met with Wright that night, and that Wright told him who the individual was who robbed him and gave him his address. Lt. Schultz testified that he sent Deputy Randall to that address to see who was inside the apartment. Deputy Randall brought back Johnson who gave Lt. Schultz the Defendant’s name.

Based on that information, Lt. Schultz compiled . a photographic lineup and showed it to Wright, who positively identified the Defendant. Lt. Schultz testified that Wright immediately identified the Defendant, that there was no hesitation, and that he appeared to be sure of his decision. Lt. Schultz issued a warrant for the Defendant’s arrest and the Defendant was arrested a day or two later. Lt. Schultz read the Defendant his rights and the Defendant waived them. Lt. Schultz then took a statement from the Defendant.

In his first statement dated November 13, 2002, the Defendant said that the victim, Harmon Wright, who he knew as “Big Herb,” had been staying with him for a week. He explained that he knew Wright through his brother, Donald Johnson, and that Wright and his brother were friends.1 The Defendant stated that he lived with his brother on Helen Street for approximately two weeks, and that he and Wright moved in at approximately the same time.

On November 10, 2002 the Defendant and Wright got drunk and had a disagreement at approximately 5:00 p.m. about Wright not buying food. At approximately 10:00 or 11:00 p.m., Kim, the Defendant’s female friend, came over to the apartment. The Defendant did not know her last name, but knew that she resided on King Frederick Court. The Defendant said that [1142]*1142he left with Kim to go have sex, and then returned approximately thirty minutes later, not three to five minutes later as Wright claimed.

IsWhen the Defendant returned to the apartment, Wright was leaving in his vehicle. He knew something was wrong when Wright did not stop and talk to him. The Defendant denied going back into the apartment with Wright after he left with Kim. He returned to the apartment at approximately 4:00 or 5:00 a.m. and saw that Johnson had already gone to work.

The Defendant said that he saw Johnson after the robbery, and that Johnson told him that the police had come to see him about the Defendant, and that they had come to arrest the Defendant. The Defendant stated that he was wearing blue Gir-baud jeans with light blue stitching and two white T-shirts that night.

The Defendant denied robbing anybody when he came back to the apartment and he denied having or owning a gun. He stated that he did not know of anybody else who would have robbed Wright that night. He admitted that he had given the officer permission to search his living area for weapons. The Defendant said that somebody else could have come into the apartment while he was gone, because it is a high-crime area. He stated that when he left the apartment, there was a party outside at the end of Helen and Fredericks Streets, and that he saw a couple of men outside about his height wearing blue jeans and T-shirts.

Lt. Schultz testified that he removed two white T-shirts and a pair of blue jeans with light blue stitching from the apartment. He explained that the Defendant picked them up from a laundry basket and told him that those were the clothes he had worn that night.

Jefferson Parish Sheriffs Office Detective Kevin Decker testified that, on July 17, 2003, the State requested that he come to court because the Defendant had advised his attorney that he had additional information in reference to the investigation. He read the Defendant his rights, which the Defendant waived, and the Defendant gave a statement in the presence of his attorney.

pin this statement, dated July 17, 2003, the Defendant explained that, on the night of the robbery, he, Johnson, Wright, Slim (Johnson’s black male friend), and Kim, also known as Pickles (a black female friend), were sitting in Apartment A at 233 Helen Street in Gretna drinking and getting drunk. Eventually, everyone except him and Wright left the apartment.

All of a sudden, Kim came into the house and asked the Defendant to come show her something. The Defendant left with Kim, and they walked around the corner. Kim informed him that they were about to rob Wright, and the Defendant said in his statement that he told them that he did not want anything to do with it.

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Cite This Page — Counsel Stack

Bluebook (online)
886 So. 2d 1139, 4 La.App. 5 Cir. 201, 2004 La. App. LEXIS 2384, 2004 WL 2290614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crockett-lactapp-2004.