State v. Doolittle

482 So. 2d 896
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1986
Docket17488-KA
StatusPublished
Cited by5 cases

This text of 482 So. 2d 896 (State v. Doolittle) 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. Doolittle, 482 So. 2d 896 (La. Ct. App. 1986).

Opinion

482 So.2d 896 (1986)

STATE of Louisiana, Appellee,
v.
John DOOLITTLE, Appellant.

No. 17488-KA.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1986.
Rehearing Denied February 20, 1986.

*897 Richard Goorley, Asst. Indigent Defender, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, LA, Paul J. Carmouche, Dist. Atty., Tommy J. Johnson, Asst. Dist. Atty., Shreveport, for appellee.

Before HALL, MARVIN and SEXTON, JJ.

MARVIN, Judge.

After being found guilty by jury verdict of aggravated rape, aggravated kidnapping, armed robbery, and aggravated crime against nature, defendant appeals his convictions and sentences. We address the five assignments of error argued by defendant about his motions for mistrial or to suppress; about the admissibility of his res gestae statements; and about his sentence. The assignments which were not briefed are considered abandoned. State v. Williams, 338 So.2d 672 (La.1976).

Except for the crime of aggravated kidnapping, we affirm all convictions. The evidence is sufficient to convict defendant only of simple kidnapping. We reduce the conviction to simple kidnapping and remand for resentencing on that crime. CCrP Art. 821(E). The State proved that defendant forcibly seized, carried away, raped and robbed the victim, but did not prove that victim submitted to defendant's abuse in order to secure her release. LRS 14:44.

FACTS

About 2:00 a.m. on July 22, 1984, the victim drove a friend to a Shreveport hospital. While she waited his safe entrance into the hospital, the victim departed her car, intending to relieve herself. Apparently laying in wait and armed with a pistol, defendant jumped the victim, knocked her down, grabbed her face with his yellow-gloved hand, and placed the gun to her head. When the victim screamed, defendant told her he would kill her if she did not be quiet. Defendant forced the victim onto the front floorboard of her car, telling her to stay there and that if she looked at him he would kill her. The victim was able to *898 sneak a glimpse of defendant one or more times. She noticed that he was wearing clean, white, hightop tennis shoes and that he talked constantly while driving away with her to some destination in Shreveport.

On his way to his chosen destination defendant told the victim he was 24 years old, from "up north," that he once had a white girlfriend, and that he liked white women. In less than delicate language defendant told his victim what he intended to do to her, which, when related by her from the witness stand, provoked defendant's assignment about the admissibility of res gestae statements which he contends were highly prejudicial and inadmissible.

Once at his destination a few miles from the site of the abduction, defendant forced his victim to pull her clothing over her face and to otherwise undress, threatening her with the pistol. Defendant performed cunnilingus on her, then sexual intercourse, and took $12 from the victim's purse. He told defendant to put her clothes back on and then drove near the hospital where he allowed her to exit the car. She immediately reported the crimes to a hospital security officer who in turn called the police. The victim's car was later found abandoned several blocks away. Police had defendant under surveillance on August 21 and arrested him for the theft of gasoline from a Shreveport convenience store. At police request, defendant agreed to participate in a lineup.

The victim viewed a video tape of the line up and thought it "possible" that defendant was her attacker, although she could not positively identify him. Execution of a search warrant for defendant's home and car produced tennis shoes and yellow gloves as described by the victim, incriminating writings, and other things. Hair and fluid samples from defendant were also highly incriminating.

We renumber and address defendant's assignments.

ASSIGNMENT ONE: RES GESTAE STATEMENTS

Defendant complains that the testimony of the victim

[Defendant said] he liked white women...
He said [black women] were bitches and he wanted to eat a white girl's p---. * *
He said on the way back ... "I finally got me a southern white girl,"

was highly prejudicial and denied him a fair trial. Defendant unsuccessfully sought to suppress these statements pre-trial on the grounds of irrelevancy and prejudice.

As res gestae statements, defendant's comments to the victim during the course of the crime are relevant. LRS 15:447. State v. Williams, 431 So.2d 885 (La.App. 2d Cir.1983), writ denied. Res gestae statements of a defendant are highly probative and are generally admissible unless it is shown that specific prejudice outweighs the probative value of the statements. See State v. Smith, 418 So.2d 515 (La.1982); State v. Clift, 339 So.2d 755 (La.1976); State v. Hatch, 305 So.2d 497 (La.1974), cert. denied 423 U.S. 842, 96 S.Ct. 76, 46 L.Ed.2d 63 (1975). Compare State v. Davenport, 445 So.2d 1190 (La. 1984); State v. Ludwig, 423 So.2d 1073 (La.1982).

It was obvious to the jury that the defendant and his victim were not of the same race. Defendant's own statements about his motive and intent were probative of the elements of intent in one or more of the crimes charged. It was proved that defendant did what he said he was going to do. In this context, the fact that he referred to his victim as a white woman is no more prejudicial to him than if he had said a short, or tall, or skinny, or fat woman. Under the circumstances we find no error. The probative value of defendant's statement is not outweighed by any assumed prejudice.

ASSIGNMENTS 2-5: MISTRIALS

CCrP Arts. 770 and 771 address the situations when prejudicial remarks are made in the presence of a jury. Art. 770 applies when certain remarks are made by a judge, *899 district attorney, or a court official. Art. 771 applies in situations outside the scope of Art. 770:

In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury:
(1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or
(2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770.
In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.

Art. 771 leaves the decision whether to grant a mistrial or to admonish the jury to the sound discretion of the trial court. State v. Smith, supra. A trial judge should grant a mistrial only where the prejudicial remarks result in substantial prejudice to the defendant and make it impossible for him to obtain a fair trial. State v. Burdgess, 434 So.2d 1062 (La.1983); State v. Johnson, 440 So.2d 838 (La.App. 2d Cir. 1983).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Brown
557 So. 2d 1085 (Louisiana Court of Appeal, 1990)
State v. Neal
550 So. 2d 740 (Louisiana Court of Appeal, 1989)
State v. Arnold
535 So. 2d 937 (Louisiana Court of Appeal, 1988)
State v. Butler
503 So. 2d 1027 (Louisiana Court of Appeal, 1987)
State v. Doolittle
488 So. 2d 687 (Supreme Court of Louisiana, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
482 So. 2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doolittle-lactapp-1986.