State v. Gipson

850 So. 2d 973, 2003 WL 21459470
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
Docket37,132-KA
StatusPublished
Cited by18 cases

This text of 850 So. 2d 973 (State v. Gipson) 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. Gipson, 850 So. 2d 973, 2003 WL 21459470 (La. Ct. App. 2003).

Opinion

850 So.2d 973 (2003)

STATE of Louisiana, Appellee,
v.
Leroy GIPSON, Jr., Appellant.

No. 37,132-KA.

Court of Appeal of Louisiana, Second Circuit.

June 25, 2003.

*975 Wilson Rambo, Paula Corley Marx, Lafayette, Louisiana Appellate Project, for Appellant.

Paul J. Carmouche, District Attorney, William J. Edwards, Assistant District Attorney, for Appellee.

Before WILLIAMS, GASKINS and MOORE, JJ.

MOORE, J.

Leroy Gibson, Jr. ("Gipson") was charged by bill of information with armed robbery. Gipson proceeded to trial after which a 12-member jury found him guilty of armed robbery in violation of R.S. 14:64, and following the filing of a habitual offender bill, he was adjudicated a second felony offender. The District Court then imposed a sentence of 75 years at hard labor without benefits, to be served consecutive with any parole or other sentence being served. Gibson now appeals, asserting the following assignments of error:

1. That the evidence presented at trial was legally insufficient to sustain Gibson's conviction;
2. That the trial court erred in denying defense counsel's challenge for cause of juror Richard Davenport;
3. That the trial court erred by imposing an excessive sentence on Gibson;
4. That the trial court erred in allowing John T. Adams to testify as an expert in the science of fingerprint identification; and,
5. That the trial court erred in admitting documents at the multiple-bill sentencing hearing, as the admissions violated La. C.E. art. 803 and R.S. 15:529.1 F and failed to prove that Gibson was a second felony offender.

We affirm the conviction and sentence.

Factual Background

On January 27, 1999, at approximately 8:50 p.m., James Whorton and his wife, Gloria, owners of Britt's Grocery in Shreveport, were working in their store when two black males walked into the store wearing bandanas over their faces, sunglasses, and baseball caps as a disguise. Both men were carrying handguns. No one else was in the store at that time. The principal assailant, the shorter of the two robbers, approached the front counter, where Mr. Whorton was standing, and demanded money. Mr. Whorton went to one of his registers and took out $30.00 and surrendered it to the robber. The robber then demanded "the rest of the money," jumped over the counter and pressed the handgun against Mr. Whorton's chest/rib area. Mr. Whorton then advised the robber that there was more money in his back room. The robber commanded Mr. Whorton to get the money. Both men went to the back room. Once inside the room Whorton quickly grabbed *976 his 12-gauge shotgun, turned and shot the robber who was walking behind him. The robber ran and jumped back over the counter and fell to the floor. Mr. Whorton then shot the other perpetrator who was standing next to the doors and then fired a final blast at the robber lying on the floor. Both robbers then fled the store, leaving behind a handgun, a pair of sunglasses, a hat, and a trail of blood. Mrs. Whorton called police and an investigation ensued. Shreveport Police Officer McConnell was dispatched to the store to investigate the scene and then to LSUS Medical Center to see if the wounded robbers had sought medical attention.

An hour and a half after the robbery, Shreveport Police Detective Porter and other officers were dispatched to a house located at 1651 Woodrow Street in Shreveport, which is a mile or two from the robbery scene. Upon arrival, Detective Porter and the other officers found one black male, identified as Leroy Gipson, Jr., sitting on a couch and suffering from shotgun wounds to his left shoulder and right thigh area. In the kitchen, officers discovered another black male, identified as James Wilson ("Wilson"), who was propped up against the refrigerator sitting in a pool of his own blood, suffering from a shotgun wound to his left arm. The location and number of gunshot wounds to Wilson and Gipson were consistent with Mr. Whorton's account of his shotgun discharges. Also, Detective Porter testified that he retrieved a box of .38 caliber bullets from the home where Wilson and Gipson were found; according to Mrs. Whorton and Wilson, Gipson used a .38 caliber handgun in the robbery.

Both men were taken to LSU hospital where they received treatment. Wilson's arm had to be amputated. Gipson and Wilson were charged with armed robbery. Through a plea and sentence agreement, Wilson pled guilty to the armed robbery charge and received a sentence of eight years at hard labor without the benefit of parole, probation, or suspension of sentence. In exchange for the plea agreement, Wilson testified at Gipson's trial that he and Gipson were the armed robbers in the instant case and that Gipson was the assailant who held Mr. Whorton at gunpoint, took the $30.00 from Mr. Whorton and followed him to the back room of the store.

Mr. Whorton testified that two black males, one noticeably shorter than the other, entered his store that night and robbed him at gunpoint; the shorter robber was the one who pulled a gun on him and took the $30.00 from the register drawer. Mr. Whorton further testified that the shorter of the two robbers followed him to the back room where he retrieved his shotgun and shot the shorter robber two times. Lastly, Mr. Whorton testified that he also shot the taller robber before he could get away.

Discussion: Sufficiency of the Evidence

To prove Gipson guilty of armed robbery, the state had to prove beyond a reasonable doubt that Gipson took something of value belonging to another from the person of another or in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon. La. R.S. 14:64.

The constitutional standard for testing the sufficiency of the evidence, as enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), requires that a conviction be based upon proof sufficient for any trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime proven beyond a reasonable doubt. See also, State v. Bosley, 29,253 (La.App. 2 Cir. 4/02/97), 691 *977 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.3d 1333.

The reviewing court must defer to the trier of fact's rational credibility calls, evidence weighing and inference drawing. State v. Mussall, 523 So.2d 1305 (La.1988). It is not the function of the court to assess credibility or re-weigh evidence. State v. Marcantel, 00-1629 (La.4/03/02), 815 So.2d 50. In the absence of internal contradiction or irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Jackson, 33,837 (La.App. 2 Cir. 9/27/00), 768 So.2d 767, writ denied, 00-3078 (La.11/02/01), 800 So.2d 864.

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, and 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).

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Bluebook (online)
850 So. 2d 973, 2003 WL 21459470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gipson-lactapp-2003.