State v. Griffin

563 So. 2d 334, 1990 WL 69673
CourtLouisiana Court of Appeal
DecidedMay 23, 1990
DocketCR 89-1152
StatusPublished
Cited by3 cases

This text of 563 So. 2d 334 (State v. Griffin) 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. Griffin, 563 So. 2d 334, 1990 WL 69673 (La. Ct. App. 1990).

Opinion

563 So.2d 334 (1990)

STATE of Louisiana, Plaintiff-Appellee,
v.
Lonarld Ray GRIFFIN, Defendant-Appellant.

No. CR 89-1152.

Court of Appeal of Louisiana, Third Circuit.

May 23, 1990.

*336 John Crochet, Public Defender Office, Lake Charles, for defendant-appellant.

Richard Ieyoub, Dist. Atty. and Beth Conrad, Asst. Dist. Atty., Lake Charles, for plaintiff-appellee.

Before LABORDE, KNOLL and KING, JJ.

KING, Judge.

This appeal presents for review the issues of whether the trial judge erred in not dismissing a prospective juror for cause, in denying a motion for a mistrial based upon the alleged illegal use of peremptory challenges, in denying a motion for a mistrial based upon the State's opening statement, and in denying a motion for arrest of judgment based upon double jeopardy.

On December 1, 1988, Lonarld Ray Griffin (hereinafter defendant), was indicted by the grand jury for one count of aggravated rape, in violation of La.R.S. 14:42, and one count of attempted first degree murder, in violation of La.R.S. 14:27 and 14:30. Defendant was arraigned and pled not guilty. Defendant was tried and convicted by a jury of both of these crimes on April 26, 1989. He was sentenced on May 17, 1989, to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence on the aggravated rape charge and to fifty years imprisonment at hard labor on the attempted first degree murder charge, with the sentences ordered to run concurrently. Defendant appeals his convictions and sentences asserting five assignments of error. We affirm.

FACTS

At trial, Leslie Ann Logan (hereinafter the victim), testified that on November 8, 1988, she was delivering newspapers for the Lake Charles American Press and arrived at approximately 5:00 A.M. at the housing projects on the northwest side of Sulphur, Louisiana.

The victim stopped her car, left her high beam headlights on, took her car keys with her, and made her last delivery at Building 18 on Fowler Drive. The victim saw a shadow from the headlights and then saw the legs of a person walking toward her as she delivered her last paper. The victim tried to return to her car, but a man jumped in front of her with a knife in his hand.

This person, who was later identified as defendant, was a black male dressed in a dark colored T-shirt, a jean jacket, jeans, and tennis shoes. The victim screamed when the defendant jumped in front of her and she asked him not to hurt her. The defendant responded that he did not want to hurt her but wanted to make love.

While holding a knife in his hand, the defendant grabbed the victim by the hair and dragged her to the side of the building where he ordered her to remove her pants. The victim resisted and the defendant placed a knife to her throat and threatened to kill her if she further resisted. The victim complied with the defendant's order and removed her pants and panties. At that time, the defendant raised the victim's shirt and put his mouth on her breasts.

The defendant grabbed the victim by the hair and dragged her toward the street. They stopped in front of the victim's car, and, while standing in front of the car, another car passed. The victim was then able to clearly see the defendant's face *337 because she had left her highbeams turned on when she exited her car. The defendant again threatened the victim and told her that he would kill her if she screamed or ran.

The defendant dragged the victim by the hair toward the woods. The victim kept stopping but the defendant continued to pull her by the hair and threaten her with the knife. When they were further into the woods, they came upon a clearing by a ditch at which time the defendant ordered the victim to lie down on the ground. The victim pled with the defendant not to rape her because she was pregnant. The defendant stated that he would not hurt the victim or the baby if she cooperated with him. The defendant raped the victim while he held the knife and threatened her. Afterward, the defendant told the victim he could not trust her about not going to the police and that he would have to kill her anyway.

The victim tried to grab the knife from the defendant and then fell into a ditch. The defendant told the victim that she was stupid, hit her on the side of the face, and pulled her from the ditch by her hair. At this time the defendant told the victim that he did not want to hurt her but wanted to make love again. He then dragged the victim further into the woods and raped her again. When the defendant got up, he ordered the victim to stay on the ground. However, the victim got up and tried to escape. She ran through the woods toward the apartments. As she ran, she hit her head on a tree, knocking her down, and the defendant jumped on top of her and tried to stab her in the chest. The defendant positioned himself behind the victim, who was still on the ground, and then sliced the victim across the face and yelled at her. When the victim put her arms up to defend against the knife cuts, defendant slashed her arms and hands. The victim found a board and began swinging it at the defendant until she lost it.

The defendant then ran off, leaving his knife behind. The victim picked up the knife and started toward the apartments. As she was exiting the woods, the defendant ran toward her with something in his hands. The victim ran to an apartment door, broke a window with her hand and pounded on the door and a window.

The occupants of the apartment, Theresa Word, Darnell Word, and Brady Smith, testified that they let the victim inside, assisted her, and called the police and an ambulance. When the victim entered the apartment, she dropped the knife to the floor. She was cut extensively and bleeding so badly that Ms. Word testified she could not tell, at first, that the victim was naked from her waist down. The victim was later transported to a local hospital where she was administered emergency treatment and remained for about six days.

The defendant was questioned by local police officers later during the day of November 8, 1988. During this questioning, defendant mentioned a robbery of his apartment, and he was taken to the police station to identify some stolen property which had been recovered. Theresa Word, the person who was in the car which drove by and who saw the defendant holding the victim in front of the victim's car, was also at the police station. Ms. Word recognized the defendant as the man she had seen and immediately told the police.

The clothes that the suspect had been described as wearing at the time of the rape and attempted murder were recovered. The defendant was then placed under arrest by the police. The defendant was also positively identified by the victim while she was in the hospital and again at trial. Defendant admitted raping and slashing the victim but contended that he was intoxicated at the time this occurred.

On April 26, 1989, defendant was found guilty by a jury of twelve of aggravated rape and attempted first degree murder.

On May 17, 1989, the trial judge sentenced the defendant to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence for the aggravated rape charge and fifty years imprisonment at hard labor for the attempted first degree murder charge, with the sentences ordered to run concurrently.

*338 The defendant now appeals asserting five assignments of error.

ASSIGNMENT OF ERROR NUMBER 1

Defendant contends that the trial judge erred in denying his challenge for cause of prospective juror Number 141.

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

Related

State of Louisiana v. David E. Bender
152 So. 3d 126 (Supreme Court of Louisiana, 2014)
State v. Griffin
567 So. 2d 100 (Supreme Court of Louisiana, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
563 So. 2d 334, 1990 WL 69673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-lactapp-1990.