State v. Grainer

834 So. 2d 555, 2002 La.App. 4 Cir. 0703, 2002 La. App. LEXIS 3865, 2002 WL 31761413
CourtLouisiana Court of Appeal
DecidedDecember 4, 2002
DocketNo. 2002-KA-0703
StatusPublished
Cited by6 cases

This text of 834 So. 2d 555 (State v. Grainer) 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. Grainer, 834 So. 2d 555, 2002 La.App. 4 Cir. 0703, 2002 La. App. LEXIS 3865, 2002 WL 31761413 (La. Ct. App. 2002).

Opinion

| t STEVEN R. PLOTKIN, Judge.

The defendant appeals his convictions and sentences for attempted armed robbery and possession of stolen property. For the reasons below, we affirm the decision of the trial court.

PROCEDURAL HISTORY

Jason Grainer and Kirk A. Baham were each charged by a five count bill of information with armed robbery (counts one through four), violation of La. R.S. 14:64, and possession of a stolen automobile valued at more than $500.00 belonging to Ms. Delores Moffett, violation of La. R.S. 14:69. At their arraignments, Grainer and Baham pled not guilty. The trial court granted the motion to sever the trials of Grainer and Baham.1 The State amended the bill of information, to which Grainer pled not guilty, to correct the name of the count two armed robbery victim. The trial court denied motions to suppress the evidence, and once again granted a motion for severance. After a jury trial, Grainer was found guilty of attempted armed robbery and guilty of stolen property. The court sentenced Grainer to four concurrent forty-year sentences for the four attempted armed robbery convictions and to one con[558]*558current ten-year sentence for the |2possession of stolen property conviction. Grainer was adjudged a third felony offender. At sentencing the trial court vacated Grainer’s earlier sentence as to count one and re-sentenced him to forty years, without benefit of parole, probation or suspension of sentence, with credit for time served, sentence to run concurrently with the sentences in counts two through five.

STATEMENT OF FACTS

Ms. Delores Moffett testified that on the morning of Sunday, December 10, 2000, she reported that her 1994 blue Buick automobile had been stolen from her home sometime between 6:00 p.m. on December 9th and 10:00 a.m. Sunday December 10, 2000. The police later, found the car. When she recovered it, the car required extensive repairs. Ms. Moffett produced evidence that she purchased the car for $20,000. She testified that she did not know the defendant, and did not give him permission to use her car.

Ms. Lynette Williamson, a Sol’s Jewelry Store employee, testified that on December 10, 2000, at approximately 5:30 p.m., she and co-employee, Sadiq “Sam” Hirani, stood outside the store smoking, while Kirk Baham was in the store looking at jewelry. She noticed a light colored Buick in the parking lot. The car caught her attention because it was running, and was the only non-employee vehicle in the lot. Before she finished her cigarette, Jason Grainer exited the car brandishing a gun, and pushed her into the store. Kirk Ba-ham, also armed, pushed the four store employees to the bathroom in the rear of the store. Baham took money from the employees’ pockets while Grainer removed jewelry from the showcases, and rifled the cash register. Next, Grainer escorted Hirani to the front of the store to remove the tape from the store’s surveillance camera. Ms. Williamson viewed the videotape in court, and identified Mohammed Mohi-dudin 13and Fahim Akhtar2, who were also robbed at gunpoint. Ms. Williamson identified the defendants and explained their actions as depicted in the video. She identified the green jacket worn by Grainer at the time of the robbery.

The Seventh District police station received notice via silent alarm system of an armed robbery in progress at Sol’s Jewelry Store in New Orleans East. Approximately ten minutes after the defendants entered the store, the police surrounded the building. When the robbers saw the police outside the store, they attempted to exit the store through a rear wall. When their attempts proved futile, and they found themselves surrounded, they held four store employees hostage while negotiating with police. After more than three hours the defendants surrendered, and were identified by their victims, as well as the store surveillance tape, as the perpetrators. The victims feared for their lives, and tried to talk the defendants into surrendering, going so far as telling the defendants that they would tell the police that the defendants were customers, and that the real robbers had escaped. When the victims and the defendants exited the store, Ms. Williamson and her co-employees identified the defendants as the perpetrators. She stated that Baham and Grainer acted together.

Detective Jason Gagliano testified that while he was on duty on December 10, 2000, the police dispatcher notified him of a robbery in progress at Sol’s Jewelry Store on Lake Forest Boulevard. He and Detective David Patrolia drove to the [559]*559scene where they met other task force officers. Detective Gagliano observed a suspect wearing a green jacket in the store holding a gun to the store manager’s head, and another to his back. He observed the suspect repeatedly walk the |4manager to the front of the store and then to the back, in an attempt to learn the location of the police. Detective Gagliano called in the SWAT team to negotiate with the suspects, while he and other officers maintained a perimeter around the store. Through the negotiations, Gagliano learned that the suspect wearing the green jacket was Jason Grainer. About three hours after the incident began, all the occupants of the store exited the premises and were handcuffed by police. As Gagli-ano inspected the store premises, he saw garbage bags full of jewelry on the floor, damage to store walls, a surveillance system VCR pulled off a shelf and other signs of damage and disarray. Gagliano also inspected the blue Buick vehicle parked in front of the store with its motor running. He observed that the steering column had been defeated and that the car was operating without a key in the ignition. Further investigation indicated that Ms. Delores Moffett, the owner of the vehicle, reported it stolen earlier that morning.

Detective David Patrolia corroborated Detective Gagliano’s testimony. Detective Patrolia also identified the physical evidence retrieved from the crime scene, a mask, green jacket and black gloves worn by Grainer, and the videotape recovered from the store surveillance system. As the tape was played for the jury, Patrolia identified Grainer in the tape holding a gun on a victim, reaching into the cash register and removing jewelry from display cases. He also testified that there were only six people in the store during the robbery, the four employees, Baham, and Grainer.

Detective Byron Adams testified that he arrived on the scene while the defendants held hostages. He helped secure the rear of the building and acted as liaison between the people inside the building and their families. After the robbers and the hostages came out of the store, Adams moved to the area where they were | (¡being held, and assisted in debriefing the witnesses/victims and processing the perpetrators. After initially refusing to give a statement to the police, Grainer waived his rights and gave a statement to Adams. In his statement, Grainer admitted that he was involved in the robbery but insisted he acted only as a “look out” for Kirk Baham, who he said planned and executed the robbery while Grainer “just stayed in the back with the people.” Grainer denied being armed at any time or holding a gun on any of the victims. Further, he said Baham turned on him, and treated him as a hostage along with the store employees.

Mohammed Mohidudin, the manager of Sol’s Jewelry Store, testified that on the day of the robbery, Kirk Baham entered the store ostensibly shopping for platinum jewelry. Baham jumped over the jewelry counter, and put a gun to Sadiq “Sam” Hirani’s head as Grainer herded him, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Patterson
83 So. 3d 1209 (Louisiana Court of Appeal, 2012)
State of Louisiana v. Michael D. Patterson
Louisiana Court of Appeal, 2012
State ex rel. D.R.
50 So. 3d 927 (Louisiana Court of Appeal, 2010)
State v. Moore
57 So. 3d 1033 (Louisiana Court of Appeal, 2010)
State v. Adams
884 So. 2d 694 (Louisiana Court of Appeal, 2004)
State v. Alexander
875 So. 2d 853 (Louisiana Court of Appeal, 2004)
State ex rel. C.P.
848 So. 2d 725 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
834 So. 2d 555, 2002 La.App. 4 Cir. 0703, 2002 La. App. LEXIS 3865, 2002 WL 31761413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grainer-lactapp-2002.