State v. Dorsey

94 So. 3d 49, 11 La.App. 5 Cir. 745, 2012 WL 1415142, 2012 La. App. LEXIS 551
CourtLouisiana Court of Appeal
DecidedApril 24, 2012
DocketNos. 11-KA-745, 11-KA-955
StatusPublished
Cited by4 cases

This text of 94 So. 3d 49 (State v. Dorsey) 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. Dorsey, 94 So. 3d 49, 11 La.App. 5 Cir. 745, 2012 WL 1415142, 2012 La. App. LEXIS 551 (La. Ct. App. 2012).

Opinion

CLARENCE E. McMANUS, Judge.

li>On June 7, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant, Brandon Dorsey, with the following offenses: aggravated flight from Deputy Bob McNulty in violation of LSA-R.S. 14:108.1 C (Count 1); possession of a firearm by a convicted felon in violation of LSA-R.S. 14:95.1 (Count 2); attempted armed robbery of Jena Moorman while armed with a firearm in violation of LSA-R.S. 14:27 and 14:64 (Count 4); and armed robbery of Enola Jackson while armed with a firearm in violation of LSA-R.S. 14:64 (Count 5).1 Defendant was ar[52]*52raigned on June 22, 2010 and pled not guilty.

On December 7, 2010, the State amended Count 4 of the bill of information to allege that both defendant and co-defendant, Glenn Dickerson, committed the armed robbery of Jena Moorman while armed with a firearm in violation of LSA-R.S. 14:64. On that same date, the State also amended Count 6 of the bill of information to allege that both defendant and Dickerson committed the armed robbery of Gregory Barbier while armed with a firearm in violation of LSA-R.S. 14:64. Defendant was arraigned on the amended bill and pled not guilty on December 13, 2010.

On December 8, 2010, the State filed a “Notice of Intent to Invoke Firearm Sentencing Provision Under Louisiana Revised Statute 14:64.3.” On December 15, 2010, the trial judge denied defendant’s motion to sever offenses. After a | shearing, defendant’s motion to suppress statement was denied on March 2, 2011. On March 2 and 3, 2011, the case was tried before a 12-person jury that found defendant guilty as charged on Counts 1, 2, and 4 and not guilty on Counts 5 and 6.

Defendant’s motion for new trial and motion for post-verdict judgment of acquittal were denied on April 1, 2011, after a hearing. On that same date, defendant waived sentencing delays, and the trial judge sentenced him on Count 1 to imprisonment at hard labor for two years, on Count 2 to imprisonment at hard labor for ten years, and on Count 4 to imprisonment at hard labor for thirty-five years.

The State filed a multiple bill alleging defendant to be a third felony offender, and defendant denied those allegations. Defendant later filed a “Response and Objection to Habitual Offender Bill of Information” on April 21, 2011. On April 29, 2011, defendant filed a motion for appeal that was granted.

On June 27, 2011, the trial judge found defendant to be a third felony offender after a hearing. Defendant’s “Motion to Depart from Mandatory Minimum Sentence Pursuant to LSA-R.S. 15:529.1” was denied. The trial judge then vacated the original sentence on Count 4 and re-sentenced defendant under the multiple bill statute to imprisonment at hard labor for 67 years to be served without benefit of probation or suspension of sentence. Defendant’s motion to reconsider sentence was denied. On July 21, 2011, defendant filed a timely motion for appeal that was granted.2

The following was adduced at trial. On April 24, 2010, at approximately 1:00 a.m., Enola Jackson arrived home and parked in front of her house at 2905 Dove Avenue on the Westbank in Jefferson Parish, after which a dark-colored car pulled up behind her. Two black males with guns approached her vehicle, one on peach side, and told her to give them what she had. When they subsequently asked for her purse, Ms. Jackson told them she did not have one. Afterward, the males took her cell phone and an old radio and then left in their car. She thought that there might have been a third person in the suspects’ car because the car was running.

Ms. Jackson called 911 and reported the incident. She described one of the males as very dark-skinned with a low haircut, [53]*53and the other male as being a lighter color ■with dreadlocks and a gold tooth in the top of his mouth. Later that night, a police officer took her to a scene, where she identified Glenn Dickerson as the robber with the dreadlocks. Her level of certainty of the identification was between “a seven and eight.” Ms. Jackson believed that defendant looked like the other robber, but she was not as sure of that identification as she was of her identification of Dickerson.

On April 24, 2010, at approximately 1:80 a.m., Gregory Barbier pulled in his driveway at 1009 Curtis Drive in Harvey. His girlfriend, Jena Moorman, and her 10-year-old son were in the truck with him. Mr. Barbier exited the truck and walked to the front of it. At that point, a black male put a gun in his face and said, “Give me my money.” When Mr. Barbier said he did not have any money, the robber said, “Give me my f.cking money.” Again Mr. Barbier said he did not have any money as he put his hands up and took a couple of steps backwards.

At that point, he heard Ms. Moorman scream, and when he turned and looked, there were two other black males on the other side of the truck. All three males were armed. Mr. Barbier ran around to the back of the truck, and one of the males hit him in the back of the head and knocked him down. As Mr. Barbier was standing up, he saw the three males run to their car, a black Ford Contour, and take |Boff. The robbers took Ms. Moorman’s purse. They also took a bag of clothes and a cosmetic bag Mr. Barbier had in his hand.

After checking on Ms. Moorman and her son, Mr. Barbier ran after the car with á cell phone in his hand and called 911. While he was on the phone, Ms. Moorman picked him up in the truck, and they drove across the expressway to the other side of Farington, but they lost track of the vehicle. Mr. Barbier described the first person who approached him as a big guy with a dark-colored shirt and dreadlocks. He also described one of the other robbers as having dreadlocks and the other one as having short hair.

Later on, Mr. Barbier viewed a photographic lineup and positively identified Glenn Dickerson, the perpetrator who was the “big guy” with the dreadlocks. He was not able to identify anyone else. Mr. Barbier identified numbers 2 and 3 in the lineup as possible perpetrators; however, defendant’s photograph was in position number 6. Ms. Moorman was not able to identify anyone in the photographic lineups.

After the robberies, Officer Renoid Ber-thelot of the Jefferson Parish Sheriffs Office (JPSO) was advised to be on the lookout for a small-four-door sedan occupied by three black males. A vehicle matching that description with three black males was found at the Discount Zone gas station at 7840 Westbank Expressway parked in front of a gas pump. The vehicle was occupied by two subjects, and there was a black male with long dreadlocks who was pumping gas at the vehicle.

A deputy parked behind the -suspects’ vehicle. As soon as- Officer Berthelot pulled up, the male pumping gas turned and took off running, leaving the pump in the gas tank of the car. The suspects’ vehicle immediately took off, ripping the gas pump nozzle out of the car. The suspects led numerous police officers on a high-tspeedfi chase to St. Charles Parish, disregarding traffic signals and signs. When they got to Interstate 310 onramp in Luling, the back seat passenger pointed a gun out of the back glass in Deputy Bobby McNulty’s direction. Deputy McNulty then rammed the back of the suspects’ vehicle. The front seat passenger passed [54]*54a handgun to the back seat passenger, and the back seat passenger subsequently threw two guns out of the window, which caused sparks to fly as the guns hit the ground.

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Cite This Page — Counsel Stack

Bluebook (online)
94 So. 3d 49, 11 La.App. 5 Cir. 745, 2012 WL 1415142, 2012 La. App. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dorsey-lactapp-2012.