State v. Dugas

691 So. 2d 197, 96 La.App. 1 Cir. 1006, 1997 La. App. LEXIS 380, 1997 WL 78027
Louisiana Court of Appeal·Decided February 14, 1997·No. No. 96 KA 1006·Published·Cited by 3 cases

Opinion

|2LeBLANC, Judge.

The defendant, Willard B. Dugas, III, was charged by bill of information with illegal possession of stolen things valued at five hundred dollars or more, in violation of La. R.S. 14:69. He pled not guilty and, after trial by jury, was found guilty as charged. The imposition of the defendant’s sentence was deferred; and he was placed on active supervised probation for five years with a number of special conditions. The defendant has appealed, urging two assignments of error.

FACTS

On or about October 25, 1993, Richard Fletcher went to the defendant’s home in East Baton Rouge Parish with a bicycle, a string trimmer, and a leaf blower he had stolen from Edward Sutherland’s utility room. Fletcher asked the defendant to take him to sell the items. Fletcher admitted that he had a drug problem and wanted the money to buy cocaine. According to Fletcher, the defendant drove him to an area “off of Choctaw” where Fletcher sold the trimmer and blower to a friend for thirty dollars. The defendant later drove Fletcher to a Circle K convenience store on Greenwell Street.

Roger Corcoran, a detective with the East Baton Rouge Parish Sheriffs Department, was dispatched to the Circle K store to investigate a report of two white males trying to sell a bicycle for $10.00. When Corcoran arrived at the store at approximately 3:55 a.m., he observed a bicycle parked near an automobile, a black male looking at the bicycle, and the defendant and Fletcher standing in the area. Corcoran approached the men and asked who owned the bicycle. According to Corcoran, the men initially claimed they did not know to whom the bicycle belonged, but Fletcher subsequently stated that the bicycle belonged to him. Corcoran checked the bicycle’s registration and learned the bicycle belonged to Sutherland and that it had [199] been stolen. The ^defendant and Fletcher were arrested. After being advised of his rights, the defendant gave a statement to the police wherein he admitted taking Fletcher to sell the items. However, the defendant contended that he did not know that the items were stolen.

ASSIGNMENT OF ERROR NUMBER ONE

In his first assignment of error, the defendant contends that the trial court erred in overruling his objection, under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), thus forcing him to submit to a discriminatorily chosen jury. In his brief to this court, the defendant argues that the court misapplied the applicable law when it stated that the defendant had to show a systematic exclusion of a cognizable racial group in order to meet the threshold burden of Batson. He contends that he was not required to show that all jurors were being excluded on the basis of race; he only had to show that the proponent of the challenges was exercising them in a discriminatory manner.

A peremptory challenge by the state may not be based solely upon the race of the juror. See La.C.Cr.P. art. 795(C). In Bat-son, the supreme court adopted a three-step analysis to determine whether or not the constitutional rights of prospective jurors have been infringed by impermissible discriminatory practices:

First, the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race.1 Second, if the requisite showing has been made, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the jurors in question. Finally, the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination. (citations omitted)

Hernandez v. New York, 500 U.S. 352, 358-59, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991).

A successful Batson argument requires the defendant to make a prima facie case of race-based exclusion, i.e., that the pertinent circumstances raise an inference that the prosecutor used peremptory challenges to exclude venire members of a cognizable racial group solely on the basis of race. State v. Collier, 553 So.2d 815, 818 (La.1989). The trial court should determine whether the defendant has established the requisite prima facie case of discriminatory selection. State v. Collier, 553 So.2d at 819.

For a Batson challenge to succeed, it is not enough that a racially discriminatory result be evidenced; rather, the result “must ultimately be traced to a racially discriminatory purpose.” Batson v. Kentucky, 476 U.S. at 93, 106 S.Ct. at 1721 (quoting Washington v. Davis, 426 U.S. 229, 240, 96 S.Ct. 2040, 2048, 48 L.Ed.2d 597 (1976)). Thus, the sole focus of the Batson inquiry is upon the intent of the prosecutor at the time he exercised his peremptory strikes. State v. Green, 94-0887, p. 23-24 (La.5/22/95), 655 So.2d 272, 287.

The first step in this process places a burden of production or of “going forward” on the defendant. If the defendant is unable to make out a prima facie case of racial discrimination, then the Batson challenge fails and it is not necessary for the prosecutor to articulate race-neutral explanations for his strikes. The defendant may offer any facts relevant to the question of the prosecutor’s discriminatory intent to satisfy this burden. Such facts include, but are not limited to, a pattern of strikes by a prosecutor against members of a suspect class, statements or actions of .the prosecutor which support an inference that the exercise of peremptory strikes was motivated Lby impermissible considerations, the composition of the venire and of the jury finally impaneled, and any other disparate impact upon the suspect class which is alleged to be the victim of purposeful discrimination. State v. Green, 94-0887 at p. 24, 655 So.2d at 287-88. Disparate impact on a suspect class, while deserving of some weight in the determina[200] tion of whether purposeful discrimination exists, is not a dispositive fact, since “[a]n argument relating to the impact of a classification does not alone show its purpose.” Hernandez v. New York, 500 U.S. at 362, 111 S.Ct. at 1867.

Herein, the defendant entered a Bat-son objection at the conclusion of the voir dire of the first panel of twelve prospective jurors. From this panel, three individuals were chosen to serve on the jury. The objection was directed at the state’s use of peremptory challenges to exclude Laderick June, Michael Alexander, and James Randolph.

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State v. Dugas, 691 So. 2d 197, 96 La.App. 1 Cir. 1006, 1997 La. App. LEXIS 380, 1997 WL 78027 (La. Ct. App. 1997).

691 So. 2d 197 (State v. Dugas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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