State v. Green

666 So. 2d 1302, 1996 WL 23472
CourtLouisiana Court of Appeal
DecidedJanuary 24, 1996
Docket27,652-KA
StatusPublished
Cited by31 cases

This text of 666 So. 2d 1302 (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, 666 So. 2d 1302, 1996 WL 23472 (La. Ct. App. 1996).

Opinion

666 So.2d 1302 (1996)

STATE of Louisiana, Plaintiff-Appellee,
v.
McArthur GREEN, Defendant-Appellant.

No. 27,652-KA.

Court of Appeal of Louisiana, Second Circuit.

January 24, 1996.

*1304 William Rick Warren, Indigent Defender Board, Minden, for Appellant.

James M. Bullers, District Attorney, Whitley R. Graves, Asst. District Attorney, Minden, for Appellee.

Before MARVIN, NORRIS and STEWART, JJ.

NORRIS, Judge.

McArthur Green was charged by bill of information with armed robbery, La.R.S. 14:64. He proceeded to jury trial and was found guilty as charged. The district court later sentenced him to 20 years at hard labor without benefit of parole, probation or suspension of sentence. Green now appeals his conviction and sentence, advancing three assignments of error. We affirm.

Factual background

The victim, Cynthia Farrington, was the cashier at Gas Express, a gas station and mini-mart in Springhill, Louisiana. She was working there alone the night of Thursday, July 22, 1993; closing time was midnight. She turned off the gas pumps from inside the store and then went out to take the readings. She saw a man walk around the corner of the store and approach her. The outside lights were still on, so she saw him clearly. She told him the store was closed; he replied, "OK," and turned to walk back around the store.

Ms. Farrington then went inside the store and walked to the back to turn off the outside lights. When she returned to the front, however, she saw the same man standing at the glass front door, along with another man. Thinking they wanted to borrow her phone book to make a call on the outdoor pay phone, she asked if she could help them. The first man, however, cupped his hand over his mouth and demanded, "Where's the money? Where's the money, bitch?" She then noticed he was holding a short, snub-nosed revolver in his right hand.

Ms. Farrington replied the money was in the cash register; the assailant told her to get it, and followed her around the counter. She removed the whole cash tray from the register and handed it to the assailant, who shifted the gun to his left hand, then took the tray and handed it to his companion. The companion left the store.

The assailant pointed the gun at Ms. Farrington and told her to get on the floor. She complied, but continued to watch the assailant as he backed away and rounded the counter. He again warned her to stay down; she feared he was about to shoot her. When she thought the ordeal was over, she heard three shots. Apparently the assailant fired through the window and door on his way out; the glass flew into the store around the crouching victim.

Ms. Farrington called the police; Sgt. Fields of the Springhill Police Department arrived at 12:04 a.m. After he calmed her, *1305 she described the assailant as a man in his mid-twenties, about 5'9" tall, dressed in faded black pants and a turquoise print shirt. She also described his hair cut as a flat-top that stood up some 1-1 ½" on top, with no sideburns. She described the companion as maybe 17 or 18 years old and 6' to 6'3" tall. Ms. Farrington testified that she got a look at the companion only when the assailant turned and handed him the cash tray; she has never been able to identify the companion.

Sergeant Fields searched the large field behind the store but did not recover the cash tray or other evidence. Because Ms. Farrington did not indicate that either man touched anything inside the store, the police did not try to lift fingerprints. They also did not attempt to recover shell casings or spent bullets from inside the store. Ms. Farrington testified that the robbers took $747, about half in cash and half in coupons.

Officer Null of the Springhill Police Department was later assigned to investigate the robbery. He showed Ms. Farrington several photographs but she was unable to identify anyone. She thought one of the photos resembled but was younger than the assailant.

In late August, Officer Null stopped at Gas Express while investigating an unrelated offense. He showed her the photo of a suspect in that offense, and asked if she had ever seen him in her store. She immediately replied that he was the man who had robbed her several weeks before. The photo was of the defendant, McArthur Green.

In early September Officer Null showed Ms. Farrington a six-man photo line-up which included a more recent photo of Green. She positively identified Green as her assailant. Officer Null then told her that Green was in custody. At trial, Ms. Farrington again positively identified Green as the robber.

Green's fiancée, Pamela Tolese Clayton, testified that he spent the night of July 22 with her at her mother's house in McNeil, Arkansas. She was pregnant at the time with Green's child and was scheduled for a C-section operation the following day. She testified, however, that it was postponed until the next week. She maintained, nevertheless, that Green had come home from work on Thursday evening, stayed with her until he left for work Friday morning, and did not accompany her to the doctor on Friday.

Green's barber, James Carter, testified that over the summer of 1993, he cut or "edged" Green's hair on a weekly basis and that it was never as long as one inch on the top. He stated that Green's hair in July 1993 was cut the same as it was at trial in November 1994. Ms. Clayton corroborated this.

Contrary to his counsel's advice, Green took the stand and testified that at the time of the robbery he lived in Magnolia, Arkansas, some 25-30 miles from Springhill. He admitted he sometimes went to Springhill, but insisted it was not often. He testified that he spent the night of July 22 at Ms. Clayton's house because she was pregnant and having problems. On cross examination he stated, contrary to Ms. Clayton's recollection, that he did not go to work on July 22 or 23, but corroborated that he did not accompany her to the doctor on July 23. He denied that he had ever been at Gas Express, seen Ms. Farrington or owned a gun; he specifically denied committing this robbery. He admitted a 1991 Arkansas conviction for sexual abuse of a 16-year-old.

Discussion: Sufficiency of evidence

By his first assignment Green contests the sufficiency of the evidence. He urges that the victim had only moments in which to see her assailant, thus making her identification unreliable; that Ms. Clayton's and his own testimony cast reasonable doubt on the State's theory that Green was present at the robbery; and that there was no physical evidence, such as fingerprints, taken from the scene to link Green to the crime.

The standard of appellate review for sufficiency of evidence is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. *1306 2781, 2789 (1979); State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.), writ denied 605 So.2d 1089 (La.1992).

In cases involving a defendant's claim that he was not the person who committed the crime, the Jackson rationale requires the State to negate any reasonable possibility of misidentification in order to carry its burden of proof. State v. Long, 408 So.2d 1221 (La.1982); State v. Chism, 591 So.2d 383 (La.App. 2d Cir.1991).

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Bluebook (online)
666 So. 2d 1302, 1996 WL 23472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-lactapp-1996.