State v. Garner

532 So. 2d 429, 1988 WL 108639
CourtLouisiana Court of Appeal
DecidedOctober 12, 1988
DocketKA 88 0163
StatusPublished
Cited by7 cases

This text of 532 So. 2d 429 (State v. Garner) 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. Garner, 532 So. 2d 429, 1988 WL 108639 (La. Ct. App. 1988).

Opinion

532 So.2d 429 (1988)

STATE of Louisiana
v.
William GARNER.

No. KA 88 0163.

Court of Appeal of Louisiana, First Circuit.

October 12, 1988.

*430 Bryan Bush, Dist. Atty., Baton Rouge, by Richard Sherburne, Asst. Dist. Atty., for plaintiff/appellee.

Office of the Public Defender, Baton Rouge, for defendant/appellant.

Before WATKINS, CRAIN and ALFORD, JJ.

ALFORD, Judge.

The defendant, William Garner, was charged by bill of information with five counts of armed robbery, in violation of La.Rev.Stat. 14:64. He pled not guilty and, after trial by jury, was found guilty as charged on all five counts. For each armed robbery conviction, the defendant received a sentence of forty years at hard labor, without benefit of parole, probation, or suspension of sentence. These five sentences were imposed concurrently. The defendant has appealed, alleging nine assignments of error, as follows:

1. The trial court erred in ruling, over defense objection, that the prosecution laid a proper foundation for the introduction of evidence surrounding the lineup.

2. The trial court erred in denying the defendant's motion for a mistrial.

3. The trial court erred in overruling a defense objection to the prosecutor's questioning of a witness.

4. The trial court erred in overruling the defendant's objection to the prosecutor's questioning of a witness.

5. The trial court erred in denying the defendant's request for a recess.

6. The trial court erred when it sustained State's objection and denied the defense request to have an excerpt of defense's closing argument transcribed for purposes of appeal.

7. The trial court erred in sustaining a state objection to defense counsel's closing argument.

8. The trial court erred in imposing an excessive sentence and in failing to comply with the sentencing guidelines of La.Code Crim.Proc. art. 894.1.

9. The evidence was insufficient to support the defendant's convictions.

Assignments of error numbers 1, 2, 3, 4, 5, and 6 were not briefed on appeal and, therefore, are considered abandoned.[1] Uniform Rules—Courts of Appeal, Rule 2-12.4.

In a twelve-day period during the summer of 1986, the defendant participated in armed robberies at three different business establishments in Baton Rouge, Louisiana. At approximately 10:00 A.M. on June 30, 1986, the defendant and two other black males committed armed robbery at the Vel Rose Motel on Airline Highway. There were three employees in the office when the robbery took place. The manager, Donald Fritcher, was in a room in the back of the office. Glenda Deshotels, the receptionist, and Lenora Crumholt, who worked in the lounge, were in the front of the office, along with Kenneth Waguespack, a friend of Mr. Fritcher. The first robber entered the office, pointed a gun at Mr. Waguespack, and ordered him to get on the floor. Shortly thereafter, the defendant entered with another accomplice. The defendant *431 pointed a gun at Ms. Crumholt, ordered her to get to her knees, and held her shoulder with his other hand. The first robber who entered the office then went to a room key deposit box and removed the money inside, which was later estimated to be approximately $10.00. Meanwhile, Ms. Deshotels panicked and fled into the back of the office and outside through a rear door. The third robber chased Ms. Deshotels into the back of the office. As she escaped, this third robber confronted Mr. Fritcher. He pointed a gun at Mr. Fritcher, who dropped to the floor. The robber ran to the front of the office and informed the others that there were more people in the back, whereupon all three robbers fled.

Mr. Fritcher and Mr. Waguespack went to the parking lot, got into their cars, and chased the robbers, who fled in a red Oldsmobile Cutlass. After a brief chase, the robbers managed to elude Mr. Fritcher and Mr. Waguespack by running several redlights. However, Mr. Fritcher and Mr. Waguespack were able to give a description of the vehicle and a partial license plate number to the police.

At approximately 10:45 A.M. on July 9, 1986, the defendant and two other black males committed armed robbery at the Taco Bell Restaurant located at Florida Boulevard and Sharp Lane. The manager, Ronald Marshall, and two other employees, Darlene and Darryl Lathers, were in the restaurant when the robbery took place. The defendant entered the restaurant first, armed with a handgun. The other two accomplices entered the restaurant at short intervals. The defendant ordered Ms. Lathers to empty the cash register. The second robber went in the back of the restaurant and pointed a gun at Mr. Lathers. He then entered the office, where Mr. Marshall was talking on the phone. The second robber struck Mr. Marshall on the head with his pistol and hung up the phone. He forced Mr. Marshall to open the safe and remove the money inside. He then ordered Mr. Lathers and Mr. Marshall into the cooler. Meanwhile, on instructions from the defendant, Ms. Lathers emptied the three cash registers and gave the money to the defendant. At this point, the third robber entered the restaurant and alerted the others that a customer was approaching. Ms. Lathers was forced into the cooler with the others, and the three robbers fled.

At approximately 8:30 A.M. on July 11, 1986, the defendant and two other black males committed armed robbery at the Burger King restaurant located on Airline Highway. During the robbery, there were at least six employees and at least four customers inside the restaurant. One of the robbers ordered the cashier, Janice Ardoine, to empty the three cash registers in the front. She got the key to the cash registers from the manager, Stanley Norton, who was in the back of the restaurant. Mr. Norton, who was being held at gunpoint by one of the robbers, gave Ms. Ardoine the key and instructed her to give them whatever they wanted. The robber in the front of the restaurant helped Ms. Ardoine as she opened and emptied the three cash registers. All of the employees were forced into the cooler at gunpoint, except Ms. Ardoine, who was in the front opening the cash registers. While inside the cooler, at least one employee, Greg White, was forced at gunpoint to surrender his wallet.

The defendant confronted three customers, Robert Shelton, Louis Fletcher, and Jim Duncan, and ordered them to the back of the restaurant. While being held at gunpoint, these three men were ordered to surrender their money and/or wallets and were also placed inside a cooler. Another customer, Johnny McEachern, walked into the restaurant and saw the robbers leaving through a door in the back marked "Employees only." The defendant pointed a gun at him and ordered him to get down on the floor. Mr. McEachern observed the robbers as they fled. He later reported to the police that the robbers had fled in a maroon Oldsmobile Cutlass automobile and supplied them with its license plate number. This vehicle, which had been stolen, was later recovered. The defendant's fingerprints were found on this vehicle.

*432 ASSIGNMENT OF ERROR NUMBER SEVEN:

In this assignment of error, the defendant contends that the trial court erred in sustaining the prosecutor's objection to defense counsel's closing argument.

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Cite This Page — Counsel Stack

Bluebook (online)
532 So. 2d 429, 1988 WL 108639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garner-lactapp-1988.