State v. Durden

842 So. 2d 1244, 2003 WL 1825012
CourtLouisiana Court of Appeal
DecidedApril 9, 2003
Docket36,842-KA
StatusPublished
Cited by20 cases

This text of 842 So. 2d 1244 (State v. Durden) 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. Durden, 842 So. 2d 1244, 2003 WL 1825012 (La. Ct. App. 2003).

Opinion

842 So.2d 1244 (2003)

STATE of Louisiana, Appellee,
v.
Victor DURDEN, Appellant.

No. 36,842-KA.

Court of Appeal of Louisiana, Second Circuit.

April 9, 2003.

*1246 Peter J. Black, Indigent Defender Office by Kurt J. Goins, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, J. Thomas Butler, William J. Edwards, Assistant District Attorneys, for Appellee.

Before GASKINS, MOORE and KOSTELKA (Pro Tempore), J J.

KOSTELKA, Judge Pro Tempore.

Victor Durden ("Durden") was convicted as charged of armed robbery, La. R.S. 14:64, and as a second felony offender was sentenced to forty-nine and one-half years at hard labor without benefit of probation, parole or suspension of sentence. He now appeals his conviction and sentence. We affirm.

FACTS

On the morning of February 25, 2000, four men dressed in dark clothing and masks robbed the Greenwood Road Branch of the Hibernia Bank in Shreveport, Louisiana. The four men were seen immediately before the robbery in a car which had backed into a parking space just outside the bank. During the robbery, the men threatened the lives of the employees and customers of the bank. At least two of the men were armed with handguns. By chance, a fire truck had stopped at the bank, temporarily blocking the bank's parking area. One of the bank's customers fled the bank, ran to the fire truck and told the firemen that the bank was being robbed. Apparently frightened by the arrival of the fire truck, the driver of the car used by the four men sped away leaving the men afoot. After leaving the bank and seeing they had no transportation, the four men dispersed, but not before a red dye pack, placed by one of the tellers in the bag with some of the stolen money, exploded, staining the money and the clothing of the four robbers. Durden was seen coming from the bank and running behind Willis-Knighton North Hospital Complex located near the bank. A hospital security guard apprehended Durden in one of the hospital parking lots. Durden was wearing a white tee shirt that had a red stain *1247 on the front of it. He was the only suspect apprehended.

Durden gave the name Derrick Porter when apprehended, but he was correctly identified by his fingerprints. He gave a taped confession wherein he asserted that he went to the bank alone to rob it and the other armed men showed up. He denied any involvement with them.

On September 26, 2001, Durden was found guilty as charged of armed robbery by a unanimous jury. On June 3, 2002, he was sentenced as a second felony offender to forty-nine and one-half years at hard labor without benefit of probation, parole or suspension of sentence. This appeal ensued.

DISCUSSION

Sufficiency of the Evidence

Durden argues that his taped confession should be inadmissible since it was partially inaudible and without it there is no evidence to connect him to the crime. We disagree.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for insufficiency of evidence is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could reasonably conclude that all of the elements of the offense have been proven beyond a reasonable doubt. State v. Bosley, 29,253 (La. App.2d Cir.04/02/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. When thus viewed, the facts established by the direct evidence, and inferred from the circumstances established by that evidence, must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that a defendant is guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. William Owens, 30,903 (La.App.2d Cir.09/25/98), 719 So.2d 610, writ denied, 98-2723 (La.02/05/99), 737 So.2d 747.

Whether or not Durden's confession is admissible is determined by La. R.S. 15:450, which provides:

Every confession, admission or declaration sought to be used against any one must be used in its entirety, so that the person to be affected thereby may have the benefit of any exculpation or explanation that the whole statement may afford.

The trial court ruled that the tape was admissible even though parts were inaudible and the speed of the tape had somehow been altered. The detective who was present during the taping testified that the entire confession was on the tape. After the trial court ruled that the tape was admissible, the defense attorney asked, and the state agreed, that portions of the tape making references to an earlier robbery, Durden's gang affiliation, and his request for an attorney would not be played for the jury.

At trial, the defense did not object to the edited tape being heard by the jury and allowed it to be admitted into evidence. Based on the rationale in State v. Griffin, 618 So.2d 680 (La.App. 2d Cir.1993), writ denied, 625 So.2d 1063 (La.1993), we find the tape admissible since it was played for the jury without objection to its sound quality or contents.

It is well settled that a person cannot be convicted on his confession alone. State v. Hopkins, 35,146 (La. App.2d Cir.11/02/01), 799 So.2d 1234. This Court interprets this corroboration rule to require only that there be some evidence *1248 other than the confession that a criminal act was committed. State v. Cutwright, 626 So.2d 780, 783 (La.App. 2d Cir.1993).

This court's authority to review questions of fact in a criminal case does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. Bosley, supra.

The jury heard the testimony of five bank employees, a bank customer, a firefighter, and four employees of the hospital where Durden was apprehended. There is nothing in the record to show that the witnesses contradicted one another or that the physical evidence contradicts their testimony. Thus, this Court is bound to uphold the findings of the trier of fact since the record supports the jury's finding. This assignment lacks merit.

Modification of the Verdict

Durden was denied a motion for "post verdict judgment of modification" (sic) and argues that his conviction should be reduced to first degree robbery since there was no evidence that he was ever armed. We disagree.

Louisiana C.Cr.P. art. 821 provides for a trial court to review the evidence and modify a jury's finding. It reads in pertinent part:

. . . .
C. If the court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense.
. . . .

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

Related

State of Louisiana v. Jammie L. Edwards
Louisiana Court of Appeal, 2024
State v. Stephens
114 So. 3d 1265 (Louisiana Court of Appeal, 2013)
State v. Goosby
111 So. 3d 494 (Louisiana Court of Appeal, 2013)
State v. Bradley
135 So. 3d 647 (Louisiana Court of Appeal, 2012)
State v. Cook
86 So. 3d 672 (Louisiana Court of Appeal, 2012)
State v. Trammell
78 So. 3d 205 (Louisiana Court of Appeal, 2011)
State v. Baulkman
57 So. 3d 450 (Louisiana Court of Appeal, 2011)
State v. Youngblood
48 So. 3d 1122 (Louisiana Court of Appeal, 2010)
State v. Garner
47 So. 3d 584 (Louisiana Court of Appeal, 2010)
State ex rel. B.A.A.
13 So. 3d 1183 (Louisiana Court of Appeal, 2009)
State v. Marshall
6 So. 3d 1051 (Louisiana Court of Appeal, 2009)
State v. Langston
3 So. 3d 707 (Louisiana Court of Appeal, 2009)
State v. Reed
1 So. 3d 561 (Louisiana Court of Appeal, 2008)
State v. Howard
987 So. 2d 330 (Louisiana Court of Appeal, 2008)
State v. Wilson
965 So. 2d 992 (Louisiana Court of Appeal, 2007)
State v. Roberson
929 So. 2d 789 (Louisiana Court of Appeal, 2006)
State v. Taylor
880 So. 2d 831 (Louisiana Court of Appeal, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
842 So. 2d 1244, 2003 WL 1825012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-durden-lactapp-2003.