State v. Greer

981 So. 2d 133, 2008 WL 943766
CourtLouisiana Court of Appeal
DecidedApril 9, 2008
Docket43,177-KA
StatusPublished
Cited by3 cases

This text of 981 So. 2d 133 (State v. Greer) 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. Greer, 981 So. 2d 133, 2008 WL 943766 (La. Ct. App. 2008).

Opinion

981 So.2d 133 (2008)

STATE of Louisiana, Appellee,
v.
Frederick GREER, Appellant.

No. 43,177-KA.

Court of Appeal of Louisiana, Second Circuit.

April 9, 2008.

*134 Louisiana Appellate Project by Edward Kelly Bauman, John Nathaniel Bokenfohr, for Appellant.

Paul Joseph Carmouche, District Attorney, John Ford McWilliams, Jr., Damon Daniel Kervin, Assistant District Attorneys, for Appellee.

Before PEATROSS, DREW and MOORE, JJ.

DREW, J.

Frederick Greer was convicted of two counts of aggravated robbery.[1] Adjudicated as a third felony offender on each count, he received two concurrent life sentences at hard labor without benefit of parole, probation or suspension of sentence. Through counsel, the defendant appeals only one issue—allegedly improper usage of other crimes evidence at trial.

Defendant was granted permission to file a pro se brief, in which he provides more argument about other crimes evidence and additionally claims ineffective assistance of counsel and prosecutorial misconduct, each allegation related to the other crimes evidence. We affirm.

FACTS

On February 4, 2004, Billy and Shirley Giles, an elderly couple, returned to their Keithville home after eating dinner at a Shreveport restaurant. Mrs. Giles, who was driving,[2] pulled into their carport. The couple exited the vehicle. Almost immediately *135 they noticed another car pull into the driveway, heard a "friendly" honk, and saw two black males, one much bigger than the other, get out of the car and approach. Mrs. Giles also saw a white female seated in the car.

The men physically attacked both victims without warning. The larger assailant hit Mrs. Giles in the face, knocked her down, sat on her stomach, and ordered her to remove her rings. When she had trouble taking one off, the assailant threatened to cut off her finger, then forcibly removed the ring, crushing the bones in her finger. He searched her pockets and purse, demanding money and car keys.

The smaller thug knocked Mr. Giles to the ground and went through his wallet and pockets. Mr. Giles heard his wife screaming throughout the ordeal. The couple heard the bigger man repeatedly using the word "bitch."

When the home alarm sounded as they tried to enter, the intruders got away with rings, debit and credit cards, and Wal-Mart gift cards.

The victims had extensive bruising over their faces. Mrs. Giles' finger was fractured, requiring emergency surgery.

A similar robbery involving elderly victims (Ms. DeFatta and Ms. Levy[3]) occurred on January 8, 2004, less than a month before the instant case. One of those victims positively identified him as her attacker in a photo lineup. The defendant was then charged with both sets of crimes.

In discovery, the state gave notice of its intention to use other crimes evidence of the DeFatta/Levy robbery, pursuant to La. C.E. art. 404(B).[4]

On April 3, 2007, a pretrial hearing[5] was held wherein testimony was introduced and arguments heard concerning this 404(B) evidence. The trial court found that the state had met its burden that the prior crime was committed by the defendant and determined that the evidence was admissible at trial.

The four-day jury trial began 20 days later. There the state presented testimony of Amanda Canter and Darius Shivers, *136 who participated with the defendant in the robbery of Mr. and Mrs. Giles. Each of them identified the defendant as the person who committed these brutal crimes.

Although neither Mr. or Mrs. Giles was able to identify their assailants,[6] Canter and Shivers confirmed that Greer attacked Mrs. Giles and that Shivers (the smaller of the two men) attacked Mr. Giles. Canter saw everything from the back seat of her car.

The state presented:

• other witnesses who corroborated the testimony of Canter and Shivers;

• a security camera video showing the defendant and Shivers purchasing various items from a local Wal-Mart using Mrs. Giles' stolen gift cards only hours after the robbery; and

• testimony from three witnesses concerning the prior DeFatta/Levy robbery, including Ms. Levy's positive identification of the defendant as her assailant.

The defendant testified, denying any involvement in the robberies. The jury obviously disbelieved his story.

After the jury found the defendant guilty as charged, the state filed a third felony habitual offender bill. The trial court ultimately adjudicated the defendant as such and sentenced him as related hereinbefore.

Through counsel, defendant argues that:

• the state had no proper purpose to introduce evidence related to the January 2004 robbery of Betty DeFatta and Tona Levy;

• the state failed to prove by clear and convincing evidence that the robbery of Ms. DeFatta and Ms. Levy was committed by defendant;

• the prejudicial nature of admitting the evidence heavily outweighed the probative value of the evidence.

The state responds that:

• the evidence of other crimes had independent relevance other than to show defendant's bad character;

• the evidence was submitted to prove motive, plan and identity; and

• this evidence proves these similar acts were committed by the defendant and not someone else.

Our law on other crimes evidence is well settled.[7]

*137 Here, the state properly filed notice of its intention to use other crimes evidence pursuant to La. C.E. art. 404(B). A pretrial hearing was held, resulting in the trial court finding the evidence admissible. At trial, the details of the prior DeFatta/Levy crime were presented through the testimony of three witnesses: Ms. DeFatta, Ms. Levy, and Sergeant Jody Jones, the Shreveport Police Department investigator who had handled the DeFatta/Levy robbery.

The DeFatta/Levy robbery bore similarities to the Giles robbery:

• two elderly people parked their vehicle in a Shreveport carport;[8]

• another car pulled in behind them;

• a tall black male opened the car door, pulling a knife and demanding jewelry;

• the robber was angry and frequently used the word "bitch";

• when Ms. DeFatta had trouble removing a ring from her finger, the robber made a threatening move toward her with the knife;

• the robber demanded their purses and keys, then fled in his car; and

• DeFatta and Levy both observed a female, although of a different race, in the robber's car.

Ms. Levy positively identified the defendant as her attacker:

• in a photographic lineup;

• at the Prieur hearing; and

• at trial.

Evidence from the DeFatta/Levy crime was of great probative value in demonstrating Greer's complicity in both sets of robberies, refuting Greer's defense of misidentification.

Other crimes evidence is admissible for the purpose of proving a material fact at issue. We cannot conclude that the trial court abused its discretion in admitting this other crimes evidence. All of it was highly probative to show motive, opportunity, intent, preparation, plan, system, knowledge, identity, and modus operandi, pursuant to La. C.E. art. 404(B).

The direct evidence of defendant's guilt was abundant and obvious.

PRO SE ASSIGNMENTS

Defendant claims two additional assignments of error: ineffective assistance of counsel, and prosecutorial misconduct. He provides little or no factual support for his claims.

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Related

State v. Breedlove
213 So. 3d 1195 (Louisiana Court of Appeal, 2017)
State v. Thomas
7 So. 3d 838 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
981 So. 2d 133, 2008 WL 943766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-greer-lactapp-2008.