State v. DeSalvo

721 So. 2d 938, 98 La.App. 5 Cir. 353, 1998 La. App. LEXIS 2881, 1998 WL 749180
CourtLouisiana Court of Appeal
DecidedOctober 14, 1998
DocketNo. 98-KA-353
StatusPublished
Cited by2 cases

This text of 721 So. 2d 938 (State v. DeSalvo) 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. DeSalvo, 721 So. 2d 938, 98 La.App. 5 Cir. 353, 1998 La. App. LEXIS 2881, 1998 WL 749180 (La. Ct. App. 1998).

Opinion

|, GAUDIN, Judge.

Carlo J. DeSalvo was convicted in the 24th Judicial District Court of five separate crimes and sentenced to life imprisonment as a fourth felony offender. We affirm the convictions and the finding that DeSalvo was a fourth felony offender. We vacate his sentence and remand for re-sentencing.

DeSalvo was charged in the Bill of Information as follows:

Count one — attempted second degree murder of Todd Louque,
Count two — armed robbery of Louque,
Count three — attempted second degree murder of James Clair,
Count four — second degree kidnaping of Clair, and
Count five — armed robbery of Clair.

In a bench trial on July 14-15,1997, DeSal-vo was found guilty as charged regarding counts two, four and five. He was also found guilty of aggravated battery, responsive to attempted second degree murder, in counts one and three, and sentenced to eight years at hard labor for each of these counts. The sentences for counts two, four and five were 25 years feeach. The sentences were to run concurrent.

On appeal, DeSalvo argues (1) that the guilty verdicts were contrary to the law and evidence and (2) that the state did not prove that he was a fourth felony offender.

DeSalvo submits two primary arguments. In the robbery of Louque, there was no weapon; thus, the crime committed was simple not armed robbery. In the robbery of Clair, DeSalvo says he wasn’t there.

LOUQUE ROBBERY

At approximately 7p.m. on the evening of June 28, 1995, Louque went to Vinnie’s Sports Bar in Marrero, Louisiana. While there, he drank several beers and met Lila Plaisance, who introduced herself as “Cheyenne” and who, sometime later, asked Lou-que to drive her home. He agreed.

[940]*940Instead of going directly to Plaisance’s residence, they stopped at a convenience store for beer and then Louque drove to a place called the Harvey Locks, an area along the Mississippi River. Plaisance had planned in advance with DeSalvo and her boyfriend, Robert Guccione, whereby Plaisance was to lure a “mark” to an isolated spot where DeSalvo and Guccione could pounce on and rob the unsuspecting victim.

Once at the Harvey Locks, Louque and Plaisance sat against a wall and started drinking beer. Minutes later Louque was physically attacked by a large man, later identified by Louque as Guccione, who was accompanied by a smaller man, later identified by Louque as DeSalvo.

_|Louque defended himself. He and Guc-cione rolled down an embankment into the river, where they continued to fight in water three feet deep. Guccione held Louque’s head under water several times.

At one point, DeSalvo pointed a handgun at Louque and shouted, “Stop or we’ll kill you, we’ll kill you right now.” Louque put up his hands and said he would stop resisting. Louque, as ordered, surrendered his wallet, pager, car keys and wrist watch. DeSalvo, Guccione and Plaisance then fled. Louque suffered a serious cut over his left eye which required medical attention at West Jefferson Hospital.

DeSalvo admitted his part in the plot to rob Louque but he denied having or pointing a pistol at Louque.

CLAIR ROBBERY

On June 30, 1995, two nights after the Louque robbery, 68-year-old James Clair went to a lounge on the east bank of Jefferson Parish at 10 p.m., where he met Plai-sance, who said her name was “Cheyenne” and who asked Clair about an hour later to drive her to her sister’s nearby house. Clair said okay. Plaisance told Clair to meet her outside the lounge.

Clair walked to his automobile, which was parked close to the lounge’s entrance. As he unlocked the door, a man later identified by Clair as Guccione, who had been lying in wait, grabbed Clair from behind and forced him to the rear of the car and into the trunk. Guccione and another man, later identified by Clair as DeSalvo, then got into Clair’s auto and drove off.

kThe car stopped a short distance away. Guccione opened the trunk and bound Clair’s hands and feet with tape. He then closed the trunk and began driving again. Clair was able to free himself. When the car stopped again, Guccione opened the car’s trunk and became enraged when he saw that Clair had removed the tape. He grabbed a can of tire inflator away from Clair and closed the trunk.

A few minutes later, Guccione opened the trunk again. Clair attempted to escape but Guccione kicked him and beat him with the tire inflator can. Clair testified that he saw DeSalvo standing behind Guccione. After beating Clair, Guccione closed the car’s trunk. During the course of the next four to five hours, Guccione periodically opened the trunk, beat and kicked Clair, and closed the truck. Each time the trunk was opened, Clair could see DeSalvo there.

Clair eventually lost consciousness. He awoke the next morning still in the car’s truck. The auto had been abandoned on Terry Parkway in Terrytown. Clair heard voices outside and he shouted for help. Several garbage collectors heard Clair and they were able to free Clair after an hour. Clair’s injuries included cuts to the face which required 350 stitches, a dislocated elbow and two broken ribs. Some of the gashes on his face were so deep that bone was exposed. One of his ears was nearly detached, and he nearly lost the use of his right eye.

Lt. Maggie Snow testified that she met with Clair at the hospital and ^showed him three photographic lineups. He was able to positively identify Plaisance from one of those lineups, but could not identify anyone in either of the two male lineups. Clair told her he would recognize the two male perpetrators if he saw them in an actual lineup. Clair later identified DeSalvo in a physical lineup and he also made a positive identification at trial.

DeSalvo was arrested at the Marrero home of his sister, Yvette Campbell. After [941]*941DeSalvo had been taken into custody, his girlfriend, Vicky Trosclair, informed Lt. Snow of DeSalvo’s participation in the incident at the Harvey Locks. Trosclair then spoke with DeSalvo and convinced him to make his own statement to Lt. Snow, during which he admitted to having participated with Guccione and Plaisance in the robbery of Louque but he denied having used a gun. DeSalvo said that he had nothing to do with the robbery and beating of Clair.

After the Louque attack, DeSalvo stated that Plaisance and Guccione asked him to help out in another robbery but DeSalvo said he declined.

Both Plaisance and Guccione were convicted for their participation in the Louque and Clair incidents and both are serving time.

ASSIGNMENT NO. 1

DeSalvo contends that the evidence at trial was insufficient under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), standards to show that a handgun was involved in the robbery of Louque. No pistol was ever found. Further, DeSalvo argues in his brief that no gun was mentioned by Lou-que in bthe initial police report made while Louque was at the hospital. Deputy Mike Burgess met Louque at the hospital. The officer described Louque as follows:

“He was in and out of the emergency room, he was waiting to see a doctor. Physically, he couldn’t stand up, he was weak.

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Related

State v. Phillips
130 So. 3d 416 (Louisiana Court of Appeal, 2013)
State v. Baskin
129 So. 3d 614 (Louisiana Court of Appeal, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
721 So. 2d 938, 98 La.App. 5 Cir. 353, 1998 La. App. LEXIS 2881, 1998 WL 749180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-desalvo-lactapp-1998.