State v. Green

558 So. 2d 1263, 1990 WL 15809
CourtLouisiana Court of Appeal
DecidedFebruary 21, 1990
Docket88 KA 1945
StatusPublished
Cited by7 cases

This text of 558 So. 2d 1263 (State v. Green) 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. Green, 558 So. 2d 1263, 1990 WL 15809 (La. Ct. App. 1990).

Opinion

558 So.2d 1263 (1990)

STATE of Louisiana
v.
Michael GREEN.

No. 88 KA 1945.

Court of Appeal of Louisiana, First Circuit.

February 21, 1990.

*1264 Cliff Foster, Asst. Dist. Atty., Houma, for plaintiff and appellee, State of La.

Anthony Champagne, Indigent Defender's Bd., Houma, for defendant and appellant, Michael Green.

Before CARTER, SAVOIE and ALFORD, JJ.

SAVOIE, Judge.

The defendant, Michael Green, was charged by bill of information with simple robbery, in violation of LSA-R.S. 14:65. He pled not guilty and, after trial by jury, was found guilty as charged. He received a sentence of seven years at hard labor. The defendant has appealed, alleging seven assignments of error, as follows:

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

2. The trial court erred in allowing State Exhibit 3 to be admitted into evidence over defense objection.

3. The trial court erred in allowing State Exhibit 2 to be admitted into evidence over defense objection.

4. The verdict of the jury was contrary to the law and the evidence.

5. The trial court erred in denying the defendant's motion for post-verdict judgment of acquittal.

6. The trial court erred in denying the defendant's motion for a new trial.

7. The trial court erred in imposing an excessive sentence.

At approximately 9:15 a.m. on November 25, 1987, the defendant entered Billiu's Meat Market located on Louise Street in Houma, Louisiana. There were two employees in the store at that time. Phyllis Levron was working the cash register at the front counter, and Susan Fields was working behind the meat counter located in the back of the store. Joseph Labit, an employee of Tom's Potato Chips, was also inside the store when the defendant entered. Mr. Labit was filling in a potato chip rack located a few feet from the cash register. The defendant walked to the beer cooler before approaching the cash register. He placed a beer on the counter and handed Ms. Levron a five dollar bill. She rang up the sale; and, when the cash register opened, the defendant suddenly reached inside the register in the area where the twenty dollar bills were kept. Ms. Levron immediately tried to close the cash register drawer, but the defendant's hand was inside. The defendant pulled his hand out in such a manner that it caused the cash register drawer to open again. He grabbed some money and fled out the front door. Mr. Labit heard the commotion and began chasing the defendant down the street. Ms. Levron followed them outside; and Ms. Fields called the police.

The defendant was running so fast that Mr. Labit decided to pursue the defendant in his truck. After a short distance, Mr. Labit observed the defendant stop to count the money. The defendant then ran to the rear of a house and hid behind a stack of wood. Mr. Labit again observed the defendant counting the money. When Mr. Labit circled the block, he flagged down a policeman, Officer Lawrence Holgenstead. He got inside Officer Holgenstead's patrol car and directed him to the area where the *1265 defendant was hiding. When Officer Holgenstead stopped his patrol car and got out, the defendant again fled. Mr. Labit chased the defendant on foot, but lost sight of him on Grand Caillou Road.

As the defendant fled from behind this house, he crossed a field. Officer Holgenstead observed the defendant throw something down or drop something in the field. Officer Freddie Williams saw the defendant as he fled across Grand Caillou Road. He drove around the block and cut off the defendant's escape route. The defendant fled behind a house and hid inside a shed. Officer Holgenstead found the defendant hiding inside the shed and arrested him. The officers searched the defendant and found $90.00 (four $20.00 bills and a $10.00 bill) in his pocket. Officer Holgenstead returned to the field which the defendant had crossed and recovered a black cap in the area where he had seen the defendant throw down or drop something. The defendant was brought back to Billiu's Meat Market and identified as the robber by Ms. Levron, Ms. Fields, and Mr. Labit.

ASSIGNMENT OF ERROR NO. ONE:

In this assignment of error, the defendant contends that the trial court erred in denying his motion for a mistrial, based on the prosecutor's exercise of a peremptory challenge against a black prospective juror. Relying on La.C.Cr.P. art. 795B and Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the defendant contends that the prosecutor exercised this peremptory challenge solely on the basis of race.

The instant appeal record does not contain a transcript of the voir dire examination of prospective jurors. However, it does contain a transcript of defense counsel's motion for a mistrial, his argument on the motion, the prosecutor's reasons for the exercise of this peremptory challenge, and the trial court's ruling denying the motion.

The defendant, a black male, was tried by a six-person jury. It appears that only one black prospective juror was called, and this juror was peremptorily challenged by the prosecution. After the completion of voir dire, defense counsel objected and requested a mistrial. He argues to this Court that the prosecutor's peremptory challenge against the only black prospective juror prejudiced the defendant and prevented him from obtaining a fair trial on the basis of Batson. However, the prosecutor explained that he challenged this juror because she stated on voir dire that she knew the defendant or had some sort of relationship with him. The prosecutor also stated that this prospective juror had stated that she had voted not guilty while sitting as a juror in an unrelated criminal trial.

We do not believe that the defendant has established a prima facie case of discrimination by the prosecutor. In any event, the reasons stated by the prosecutor for the exercise of this peremptory challenge are racially neutral.[1] Accordingly, the trial court correctly denied the defendant's motion for a mistrial.

This assignment of error is meritless.

ASSIGNMENTS OF ERROR NOS. TWO AND THREE:

In assignment of error number two, the defendant contends that the money seized from him (State Exhibit No. 3) was improperly introduced into evidence. In assignment of error number three, the defendant contends that the black cap found by Officer Holgenstead (State Exhibit No. 2) was improperly introduced into evidence. The defendant objected to both of these exhibits on relevancy grounds. The trial court overruled both objections and permitted the items to be introduced into evidence.

*1266 Relevant evidence is evidence tending to show the commission of the offense and the intent, or tending to negate the commission of the offense and the intent. LSA-R.S. 15:441.[2] Any evidence, whether direct or circumstantial, is relevant if it tends to prove or disprove the existence of a material fact. State v. Williams, 486 So.2d 889, 893 (La.App. 1st Cir.), writ denied, 489 So.2d 915 (La.1986). A trial court has wide discretion in determining the relevancy of evidence, and such a determination will not be overturned on appeal absent a clear abuse of discretion. State v. Washington, 540 So.2d 502, 508 (La.App. 1st Cir.1989).

In his brief to this Court, the defendant contends that these two exhibits were introduced into evidence solely to confuse the jury and prejudice him. He notes that Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
558 So. 2d 1263, 1990 WL 15809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-lactapp-1990.