State v. English

774 So. 2d 1186, 2000 WL 1854055
CourtLouisiana Court of Appeal
DecidedDecember 20, 2000
Docket34,164-KA
StatusPublished
Cited by3 cases

This text of 774 So. 2d 1186 (State v. English) 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. English, 774 So. 2d 1186, 2000 WL 1854055 (La. Ct. App. 2000).

Opinion

774 So.2d 1186 (2000)

STATE of Louisiana, Appellee,
v.
Calvin ENGLISH, Appellant.

No. 34,164-KA.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2000.

*1187 Wilson Rambo, Louisiana Appellate Project, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, William J. Edwards, Assistant District, Attorney, Tommy J. Johnson, Assistant District Attorney, Counsel for Appellee.

Before NORRIS, BROWN and PEATROSS, JJ.

BROWN, J.,

A jury convicted defendant, Calvin English, of one count of armed robbery, a violation of La. R.S. 14:64, rejecting his defense that he was forced to participate in the robbery. Defendant was adjudicated a second felony offender and was sentenced to 49½ years at hard labor without benefit. Defendant now appeals, urging four assignments of error. Finding no error, we affirm.

FACTS

Mack Poindexter lives in a home adjoining the Hosston Motel which he owns and operates on Highway 71 in Hosston, Louisiana. At about 6:00 a.m. on Saturday, July 18, 1998, Mr. Poindexter awoke and saw two black males standing beside the motel. He said that he "didn't think too much about it" and went back to bed. Mr. Poindexter awoke at about 8:00 a.m. and saw defendant, Calvin English, and his brother, Cedric English, sitting at the foot of the stairway oustide. Mr. Poindexter told the men that they would have to sit somewhere else and the brothers moved to sit at a nearby picnic table while Mr. Poindexter went back into his home.

Not long afterwards, Cedric English appeared at Mr. Poindexter's back door requesting to rent a room. The motel owner declined when Cedric could not provide any identification. Later, Cedric returned alone to the front door and told Mr. Poindexter that he had found an old ID. While defendant stood outside on the edge of the porch, Cedric went into the motel office and Mr. Poindexter shut the door.

When Mr. Poindexter asked Cedric for the ID, Cedric drew a revolver from his pants and pointed it at Mr. Poindexter. Cedric then demanded his car keys. Mr. *1188 Poindexter gave the car keys to Cedric. He stated that Cedric then said something that he did not understand and defendant came into the building through the side door and into the office.

Mr. Poindexter said that defendant did not appear to be frightened or surprised when he came into the office and saw his brother with his gun on Mr. Poindexter. He further testified that defendant never said a word during the entire encounter. Cedric handed Mr. Poindexter's car keys to defendant and told him to start the car. Meanwhile, Cedric demanded money from Mr. Poindexter, who told him that the money was in a book in the drawer. Cedric reached into the drawer and retrieved the book. At this time, defendant came back into the motel office and took the book. As defendant rifled through the book, the money fell out onto the floor. Throughout this encounter, Cedric kept the gun pointed at Mr. Poindexter, who never heard defendant protest what was happening.

After the two men had the money, Cedric pulled out a chair, placed Mr. Poindexter in it and told his brother to tie him up. Defendant tore the phone cord from the wall and tied Poindexter's arms together and then to the chair. He used a sheet to tie Mr. Poindexter's legs to the chair.

Mr. Poindexter testified that during this ordeal, Cedric threatened to shoot him. He also threatened to shoot defendant as defendant tied up Mr. Poindexter because he was moving too slow. Mr. Poindexter said that he did not notice whether defendant was frightened by this remark.

After defendant tied up Mr. Poindexter, Cedric sent his brother back outside to warm up Mr. Poindexter's car. After defendant got into the car, he either honked the horn or made a gesture to Cedric to hurry up. Defendant, driving the car, took off from the motel; Mr. Poindexter said that the car was "spinning."

Mr. Poindexter freed himself from the chair and called 911. Caddo Parish Deputy James Alexander first spotted the car speeding south on Highway 71 toward Shreveport. Deputy Alexander, another deputy, and officers from the Shreveport Police Department (SPD), chased the English brothers south on Highway 71 at speeds over 100 miles per hour. Defendant lost control of the car at the highway's intersection with Old Mooringsport Road and ran into a ditch. A partially loaded revolver was found by the police on the front passenger's seat.

Defendant and Cedric ran through the nearby woods but SPD Officer Kevin Perry apprehended them behind a house. After Perry arrested the brothers and Mirandized them, defendant said that "he was just walking from his aunt's house." Perry testified that the brothers did not seem to be arguing with one another, "they were standing there watching the policemen's actions." Defendant did not ask Officer Perry for help or say that he was in danger from Cedric. CPSO Sergeant Rodger Page transported defendant to the Sheriff's office. Sgt. Page testified that defendant made only two unprompted statements: First, defendant asked the whereabouts of his brother, and second, upon observing their direction of travel, he stated: "This isn't the way to Caddo." Sgt. Page testified that defendant was very calm when he asked about his brother and that he never asked to be kept separated from Cedric or expressed that he might be in danger from his brother.

CPSO investigator Charles Bradford interviewed both defendant and Cedric. Tapes of these interviews were played before the jury. The tape of defendant's interview was presented in the state's initial case and Cedric's tape was played to rebut his testimony.

Defendant told Bradford that he and his brother had gone to Hosston in a vehicle driven by an acquaintance after going to a club in Rodessa. The acquaintance did not follow through on his promise to return and pick the men up, leaving them stranded in Hosston all night.

*1189 Defendant told the investigator that he did not see Cedric threaten Mr. Poindexter with a gun. He said that he thought Mr. Poindexter gave Cedric the keys to his car when Cedric asked for them because the innkeeper was a "drughead" or "dopehead" and had rented the car to Cedric for "a piece or some money or something." Defendant initially stated that he did not know that his brother had a gun, and flatly denied that he tied up Mr. Poindexter or that he took any money from the innkeeper. He denied that he or his brother had any money on them, but then he stated that his brother did have money that morning to pay for the room. Defendant said that Cedric told him that he had "jacked" the car after the two were headed home. He then admitted that he had seen his brother with a gun the night before the robbery. Defendant said that he did not stop for the pursuing officers because he thought that the police wanted the car in front of him. He said that when he realized that the officers were pursuing him, he stopped the car and he and Cedric got out and ran.

Subsequent investigation revealed that defendant's fingerprint was on the book that had contained Mr. Poindexter's money. Police also found a telephone cord with one broken connector and a white sheet in the room where Mr. Poindexter said he was tied up.

On March 22, 1999, Cedric pled guilty to one count of armed robbery and defendant proceeded to trial. Cedric was the only witness called by the defense. Regarding defendant's participation in the crime, Cedric testified:

At the time, my brother, he [sic] ain't know nothing about it, you know.

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Related

State v. Mills
153 So. 3d 481 (Louisiana Court of Appeal, 2014)
State v. Wiley
914 So. 2d 1117 (Louisiana Court of Appeal, 2005)
State v. Johnson
796 So. 2d 201 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
774 So. 2d 1186, 2000 WL 1854055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-english-lactapp-2000.