State v. Gorman

88 So. 3d 590, 11 La.App. 5 Cir. 491, 2012 La. App. LEXIS 161, 2012 WL 469870
Louisiana Court of Appeal·Decided February 14, 2012·No. No. 11-KA-491·Published·Cited by 8 cases

Opinion

MARC E. JOHNSON, Judge.

12Pefendant, Luhron Gorman, appeals his convictions and sentences for armed robbery and felon in possession of a firearm on the basis he was denied his right to confrontation through limited cross-examination of a State witness and denied his right to conflict-free counsel. For the reasons that follow, we affirm.

On March 25, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant with armed robbery with a gun in violation of La. R.S. 14:64 and 14:64.3 (Count 1), and possession of a firearm by a convicted felon in violation of La. R.S. 14:95.1 (Count 2).1 He pled not guilty and filed several pre-trial motions, including a motion to suppress identification and statement which was denied after hearing. The State subsequently amended the bill of information to remove the charge relative to La. R.S. 14:64.3, armed robbery while armed with a gun. Defendant proceeded to trial on October 7, 2010, and a 12-person jury found him guilty as charged on both counts. On October 25, 2010, the trial court sentenced defendant to 75 years at hard labor on Count 1 and 15 years at Chard labor on Count 2 without benefit of parole or probation, with the sentences to run consecutively.

The State subsequently filed a multiple bill alleging defendant to be a third felony offender. On January 12, 2011, defendant stipulated to the multiple bill. The trial court vacated defendant’s original sentence on Count 1 and resentenced him under the multiple offender statute to 75 years at hard labor to run consecutively to the original sentence on Count 2.2

FACTS

On February 20, 2010, Althea Ovella, age 76, left church and drove to her mother’s house in the 300 block of Sena Drive in Metairie. When she arrived at approximately 5:15 p.m., she observed two young men walking across the street. Ms. Ovella opened the garage door with a remote control and went inside of the garage. As she opened her car door, one of the men she had seen across the street pointed a black handgun at her and demanded her purse. Ms. Ovella asked the gunman not to take her purse because it contained her babies’ pictures. The gunman asked if she [594] had any money, and Ms. Ovella responded by giving him $60.00. He allowed her to keep her purse. The other man, who was standing by the garage door, told her to be quiet and that they were not going to hurt her.

After taking her money, the gunman said, “Let’s go inside.” Ms. Ovella begged him not to go inside, explaining that her 97-year-old mother would die if she saw him come inside with a gun. The gunman asked if she had a gun or if her mother had any money, and Ms. Ovella responded negatively. The man standing by the garage door said, “Let’s go,” and he and the gunman left.

John Carroll, a former detective sergeant with the Jefferson Parish Sheriffs Office (JPSO), investigated the armed robbery and developed two suspects. He | ¿prepared two photographic lineups and showed them to Ms. Ovella, who positively identified defendant as being the man who stood back during the robbery. A few days later, Ms. Ovella positively identified the gunman in another photographic lineup. Thereafter, defendant was arrested and brought in for questioning. After being advised of and waiving his rights, defendant admitted committing the armed robbery of Ms. Ovella.

During his investigation, Detective Carroll learned that defendant and his girlfriend were staying at the Travelodge located at 2200 Westbank Expressway in Room 308. The police obtained the girlfriend’s consent to search the room and recovered a fully loaded silver Taurus revolver hidden behind an air conditioning unit. It was determined that this gun was not the gun used in the robbery of Ms. Ovella.

During defendant’s statement, which occurred after the search of the motel room, he admitted that he had placed a gun inside the air conditioning unit. He also identified Michael Collier as the gunman in the robbery.

At trial, defendant testified that on the day in question, he and Collier tried to commit a burglary in New Orleans, but decided not to do so when they saw children in the house. They drove away from the scene and eventually made their way to Metairie Road. They thought the police were pursuing them, so they parked the car near a service road and began walking. When they saw a garage door open, they ran inside of the garage. Inside the garage, defendant saw Ms. Ovella, who started to scream. He told her to be quiet and that they were not going to hurt her.

According to defendant, Collier then pulled out a gun. Defendant told Collier to put the gun away because the woman was about to have a heart attack. Defendant claimed he did not leave at that point because he was afraid Collier was Ingoing to hurt the woman. He recalled the woman asking them not to go inside of the house because of her 97-year-old mother. Afterwards, Collier took money from the woman, and he and defendant left.

Defendant subsequently saw himself on the news, at which time he fled to Monroe. He was eventually apprehended by U.S. Marshals and brought back to Jefferson Parish. Defendant claimed his initial intent was not to rob Ms. Ovella, and that he only ran inside the garage to avoid the police. Defendant admitted that he had a gun on him during the incident, but stated he did not pull it out.

On rebuttal, Ms. Ovella testified that defendant’s testimony was wrong, in that defendant and Collier were not running prior to the incident, there were no police cars around, and the gunman did not pull the gun out after he came into the garage as he already had it out. Ms. Ovella also stated that the only words defendant said [595] were, “Let’s go,” and that he did not tell Collier anything else.

Defendant and the State stipulated that defendant had previous convictions for possession of cocaine and possession of cocaine with intent to distribute and that his convictions occurred within the ten-year period required by La. R.S. 14:95.1.

DISCUSSION

Defendant asserts two assignments of error on appeal. First, through counsel, he claims the trial court impermissibly limited his right to cross-examine Detective John Carroll by denying defendant’s request to question Detective Carroll on his then-pending criminal charges. Defendant contends the trial judge’s ruling deprived him of his constitutional right to confront a critical witness against him. Second, in a pro se supplemental brief, defendant argues the trial court violated his Sixth Amendment right to conflict-free counsel when it denied his motion to appoint new counsel. Defendant maintains a conflict arose when he had ha verbal outburst in court, attempted to address the trial court, and advised the trial court that his counsel never discussed his defense with him.

Right to Cross-Examination

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State v. Gorman, 88 So. 3d 590, 11 La.App. 5 Cir. 491, 2012 La. App. LEXIS 161, 2012 WL 469870 (La. Ct. App. 2012).

88 So. 3d 590 (State v. Gorman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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