State v. Dickson

124 So. 3d 1193, 2013 WL 5345634, 2013 La. App. LEXIS 1941
CourtLouisiana Court of Appeal
DecidedSeptember 25, 2013
DocketNo. 48,361-KA
StatusPublished
Cited by4 cases

This text of 124 So. 3d 1193 (State v. Dickson) 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. Dickson, 124 So. 3d 1193, 2013 WL 5345634, 2013 La. App. LEXIS 1941 (La. Ct. App. 2013).

Opinion

WILLIAMS, J.

11 The defendant, Richard D. Dickson, was charged by bill of information with armed robbery, a violation of LSA-R.S. 14:64, and jumping bail, a violation of LSA-R.S. 14:110.1. He pled guilty to the lesser included offense of aggravated burglary, in violation of LSA-R.S. 14:60. In exchange, the state agreed to dismiss the jumping bail charge, as well as other unrelated charges (two counts of second degree battery, in violation of LSA-R.S. 14:34.1; and simple criminal damage to property, a violation of LSA-R.S. 14:56). The defendant was sentenced to serve 15 years in prison at hard labor. For the following reasons, we affirm.

FACTS

On June 17, 2008, the Ouachita Parish Sheriffs Office responded to a call that an armed robbery had been committed at a residence on Stubbs Vinson Road in Monroe, Louisiana. The victim, David Glover, told the deputies that a black male had knocked on his door at approximately 11:00 p.m. When he opened the door, the man pointed a gun at his head, forced his way inside and ordered him to get on the floor. Several other men entered and began ransacking the house. The men smashed Glover’s gun case and stole numerous guns. They also stole other items, including jewelry, a television, a laptop computer, video games and various small electronic items. They fled in Glover’s Ford F-350 pickup truck.

Police officers arrived on the scene and discovered a television, later identified as belonging to Glover, lying in the middle of the roadway, a short distance from Glover’s house. While processing the television, an officer observed a white Dodge Neon, occupied by at least four black males, |2passing the scene; all of the occupants avoided looking in the officer’s direction. The vehicle was later found abandoned in a nearby subdivision; the crime unit found a laptop computer, two DVD players and multiple guns that had been stolen from Glover’s residence inside the vehicle.1 Also found inside the vehicle was a traffic citation that had been issued to the defendant. Glover’s pickup truck was found abandoned near a wooded area with many of the items from the robbery still inside.

Thereafter, the officers discovered that the Dodge Neon was owned by Krystal Crowe, the defendant’s girlfriend. The officers located Crowe at her apartment attempting to report her vehicle stolen. However, Crowe later admitted to police officers that the defendant had instructed her to report the vehicle stolen and she complied because she was afraid of him. [1195]*1195Crowe informed the officers that the defendant was driving her car on the night of the armed robbery.

On September 6, 2008, Sterling Singleton was charged with the March 18, 2008 armed robbery of Glover’s son. Singleton told the investigating officers that he, Kenneth Galloway, Titus Gibson and Xavier John-Lewis had robbed Glover’s son.2 According to Singleton, they told the defendant about the prior robbery and they all thought that Glover’s house would be “a perfect target.” The group formulated a plan to commit the armed robbery of Glover in the instant matter. Singleton also stated that the group drove to Glover’s house in the defendant’s car, and the defendant told |sthem to “go to the door and tell the victim that he was returning a video game that he had borrowed from his son.” According to Singleton, he initially approached the door, but no one answered. At that point, he wanted to leave; however, the defendant told the group that they were going to “stay there until someone came home.” Subsequently, the defendant approached the door and “rang the doorbell three times and on the third ring a light came on in the house.” Singleton further stated that when Glover opened the door, the defendant “grabbed him and forced him onto the wall.”

A warrant for the defendant’s arrest was issued on January 12, 2009; however, the defendant eluded capture until May 4, 2010, when he was discovered in Ouachita Parish on a Greyhound bus en route to New York.3

Subsequently, the defendant was charged by bill of information with the armed robbery of David Glover; the bill was later amended to include a charge of jumping bail in an unrelated matter. On October 25, 2011, the defendant pled guilty to aggravated burglary.

A sentencing hearing was held on April 5, 2012, during which Glover, the defendant and the defendant’s mother testified. Glover testified that he had built his home for his retirement; however, he was forced to move because he did not feel safe anymore. He also testified that he no longer felt safe leaving his wife home alone at night while he worked; therefore, he suffered a significant loss of income.

The defendant’s mother, Cassandra Shelling, also testified. She presented seven letters from family members and friends asking for |4leniency. Ms.. Shelling stated that the defendant was diagnosed and treated for Attention Deficit Hyperactivity Disorder (“ADHD”) since he was in third grade. She testified that he was placed on .Ritalin, and later Concerta, and was classified as a “504 student” in the school system.4 Ms. Shelling also testified that she was terminated from her position as a teacher after she challenged the school for failing to implement the defendant’s student plan; her firing and subsequent tenure hearing was highly publicized. She stated that the defendant’s conduct began to change because he felt that her termination was his fault. She further testified that the defendant’s girlfriend (Crowe) became pregnant when he was 15 years old; over the next few years, the defendant and Crowe had three sons. Ms. Shelling stated that the defendant’s problems were the result of his impulsive[1196]*1196ness and hyperactivity. She also testified that much of the defendant’s rebellious conduct was a result of being teased by his peers for being on medication and for being classified as a 504 student. Further, she stated that one form of rebellion employed by the defendant was the refusal to take his medication. Ms. Shelling admitted that the defendant had a juvenile criminal record and had been housed at a juvenile detention center. However, she stated, “[H]is juvenile record was mostly just being an incorrigible youth with me[.]” She explained that the defendant would disobey her rules with regard to his curfew, not having other children at the house when she was not home and “hanging with the wrong group.” 1 ¿Additionally, Ms. Shelling expressed her belief that the defendant should receive a lenient sentence because the defendant has changed since his incarceration, has “owned up to” his role in the robbery and has expressed remorse. She described the defendant as a “brilliant kid” who had maintained a 3.8 grade-point average. She stated that he had “just been on the wrong track[.]”

The defendant also testified at the hearing. He stated that he would take back the “wrong choices” he had made if he could. However, the defendant denied actually robbing Glover. He testified, “[T]hey called me after the fact and that’s when I came[.]” The defendant also stated:

I don’t know what I was thinking. Greed. I was thinking about money. It wasn’t about noting [sic] but just money, you know. It’s just a struggle. I was— my family was struggling. I was struggling and it was just—
⅜ * *
Money wasn’t right. Children needed Pampers, food, you know, the rent, everything else. You know, it took a toll on me and I didn’t see no other way. Drugs, I’m not selling drugs.

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Cite This Page — Counsel Stack

Bluebook (online)
124 So. 3d 1193, 2013 WL 5345634, 2013 La. App. LEXIS 1941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dickson-lactapp-2013.