State v. Gordon

504 So. 2d 1135
CourtLouisiana Court of Appeal
DecidedMarch 16, 1987
Docket86-KA-670
StatusPublished
Cited by29 cases

This text of 504 So. 2d 1135 (State v. Gordon) 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. Gordon, 504 So. 2d 1135 (La. Ct. App. 1987).

Opinion

504 So.2d 1135 (1987)

STATE of Louisiana
v.
Keith GORDON.

No. 86-KA-670.

Court of Appeal of Louisiana, Fifth Circuit.

March 16, 1987.

*1137 Dorothy A. Pendergast, Asst. Dist. Atty., Research & Appeals, Gretna, for appellee.

Martha E. Sassone, 24th Judicial Dist., Indigent Defender Bd., Gretna, for defendant.

Before BOWES, GAUDIN and WICKER, JJ.

WICKER, Judge.

Keith Gordon (Gordon), defendant, was charged by bill of information with five counts of armed robbery in violation of L.S.A.-R.S. 14:64. He entered a plea of not guilty and was tried by jury as to count one only insofar as it related to the victim, Carol Capirac (Capirac). He was found guilty as charged. The trial court sentenced Gordon to fifteen years at hard labor without benefit of parole, probation or suspension of sentence.

The testimony at trial set out the following: On June 21, 1985 Gordon and two other black males[1] entered Crane's Shoe Store, located in Jefferson Parish. Capirac, an employee, greeted the three men at the door. One of the men, later identified as Joseph Cockerham (Cockerham), pulled a gun out of his waistband. He shouted obscenities and forced Cabriac to the back of the store where two other employees, Eleanor Smith (Smith) and Mrs. Dinwiddie (Dinwiddie), were standing. Cockerham forced Cabriac and Dinwiddie under the counter. Barbara Luquette (Luquette), another employee, was forced to return to the store when she attempted to leave. She was forced to lie under the counter.

While Cockerham held his gun on the women, Gordon took their purses and brought them to the front of the store. He also took Cabriac's jewelry while Cockerham took jewelry from Luquette and Dinwiddie.

During the course of these events Cockerham struck Smith three times prior to removing her jewelry. He also hit Cabriac with the gun prior to leaving the scene.

After the men had taken the women's possessions, Cockerham grabbed Cabriac and dragged her to the front of the store where he had her open the cash register. He fired one shot into the cash register while stating that he did not want to kill anyone. Cockerham and another man[2] took the money and put it into their pockets.

Myra Ledet (Ledet), another store employee, was also present. Although she hid in the bathroom when she heard the men's voices, she was able to leave the store while the robbery was in progress and alert the police. She later discovered that her purse was stolen as well.

Gordon testified at trial that he was not present during the robbery. An earlier confession, however, alleged that he was *1138 present but was not involved in the robbery.

Appellant has assigned[3] the following errors:

1. The trial court erred in denying defense counsel's motion to suppress the confession or inculpatory statement;
2. The trial judge erred in denying defendant's motion to suppress the identification;
3. The trial court erred in denying defense counsel's motion for a mistrial;
4. The trial judge erred in sentencing the defendant to an excessive sentence of imprisonment of fifteen (15) years at hard labor;
5. The trial court committed reversible error in denying defense counsel's motion for a new trial where the verdict is contrary to the law and evidence in that the State failed to prove each and every element of the crime of armed robbery beyond a reasonable doubt, and
6. Also assigned as error are any and all errors patent on the face of the record.

MOTION TO SUPPRESS CONFESSION OR INCULPATORY STATEMENT

Gordon argues that his inculpatory statements were inadmissible for two reasons; namely, (1) that he was not advised of his constitutional rights as mandated by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and (2) that he did not knowingly and voluntarily waive his constitutional rights since coercion and inducement were allegedly used to obtain the confession.

Before a confession obtained during custodial interrogation can be introduced into evidence, the State must show that the defendant was advised of his right to remain silent and his right to the presence of counsel. Miranda, supra; State v. Taylor, 422 So.2d 109 (La.1982); cert. denied Taylor v. Louisiana, 460 U.S. 1103, 103 S.Ct. 1803, 76 L.Ed.2d 367 (1983); State v. Foley, 448 So.2d 731 (La.App. 5th Cir.1984). The State must also show affirmatively and beyond a reasonable doubt, that the defendant's statements were made freely and voluntarily and not under the influence of fear, duress, intimidation, menace, threats, inducements or promises. L.S.A.-C.Cr. Proc. Article 703; L.S.A.-R.S. 15:451; State v. Nuccio, 454 So.2d 93 (La.1984); State v. Vessell, 450 So.2d 938 (La.1984); State v. Joseph, 454 So.2d 237 (La.App. 5th Cir.1984); Foley, supra.

When a defendant makes specific allegations of coercion or abuse, the State must specifically rebut each allegation. Nuccio, supra; Vessell, supra; Joseph, supra. It is not enough for the State to present only the officer alleged to have committed the acts against the defendant, the State must also call enough witnesses to overcome the defendant's claims beyond a reasonable doubt. Nuccio, supra; State v. Davis, 380 So.2d 607 (La.1980).

The trial court's determination of a confession's admissibility will not be disturbed unless it is not supported by the evidence. Nuccio, supra; Vessell, supra; State v. Wilms, 449 So.2d 442 (La.1984); State v. Burkhalter, 428 So.2d 449 (La. 1983). In reviewing the trial court's ruling on the admissibility of the statements, the appellate court may look to the totality of evidence presented at both the Motion to Suppress hearing and the trial itself. Wilms, supra; State v. Benoit, 440 So.2d 129 (La.1983); Burkhalter, supra.

*1139 In the instant case, Detective Danny Le-Blanc (LeBlanc) testified at the Motion to Suppress hearing that he and Detective Mike Guillory (Guillory) interviewed Gordon at the New Orleans House of Detention. Although Guillory did not testify at the Motion to Suppress hearing, he did testify at trial. We therefore look to the evidence presented both at the hearing and at trial in determining the admissibility of the inculpatory statement. Wilms, supra; Benoit, supra; Burkhalter, supra.

LeBlanc testified that he advised Gordon of his Miranda rights and that Gordon voluntarily signed the waiver of rights form, which was introduced into evidence. At trial, LeBlanc again testified that he read Gordon his rights and that Gordon voluntarily waived these prior to making his statement. Guillory also testified that Gordon had been given his constitutional rights before the waiver was made.

On the other hand, Gordon testified at the Motion to Suppress hearing that he had not been given his rights and that he signed the form without reading it. He also testified that he was told that the papers he was signing were papers for his release from the House of Detention. Furthermore he stated that he was denied a request to speak to his attorney before further questioning. Both LeBlanc and Guillory denied these allegations.

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Bluebook (online)
504 So. 2d 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gordon-lactapp-1987.