State v. Hannon

736 So. 2d 323, 98 La.App. 4 Cir. 0957, 1999 La. App. LEXIS 1608, 1999 WL 339328
CourtLouisiana Court of Appeal
DecidedMay 26, 1999
DocketNo. 98-KA-0957
StatusPublished
Cited by3 cases

This text of 736 So. 2d 323 (State v. Hannon) 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. Hannon, 736 So. 2d 323, 98 La.App. 4 Cir. 0957, 1999 La. App. LEXIS 1608, 1999 WL 339328 (La. Ct. App. 1999).

Opinion

hKIRBY, Judge.

On January 14, 1997, Lehman A. Han-non 1 was charged with seven counts of armed robbery, violations of La. R.S. 14:64, with four counts of attempted armed robbery, violations of La. R.S. 14:27(64), and with three counts of attempted second degree murder, violations of La. R.S. 14:27(30.1). At his arraignment on January 16 th, he pleaded not guilty. After a hearing on March 14 th, the motions to suppress the evidence, identification, and statement were denied. The defendant was tried on six counts on May 14 th. A twelve-member jury found him guilty of one count of armed robbery, three counts of attempted armed robbery, one count of attempted second degree murder, and one count of attempted manslaughter. On November 13 th the defendant withdrew his initial guilty plea on four armed robbery charges and entered pleas of guilty as charged; he was sentenced to serve five years without benefit of parole, probation, or suspension of sentence on each conviction. (The State nolle prosequied two armed robbery charges, one attempted armed robbery charge, and one attempted second degree murder charge). On November 26th the defendant was sentenced to the following:

on counts two and three, (both 14:27(64) convictions), he received a sentence of forty-nine and one-half years | ¿without benefit of parole, probation, or suspension of sentence for each of the attempted armed robbery convictions, and for count four (on a charge of 14:27(30.1) and a conviction of 14:31), he received a term of twenty years at hard labor for the manslaughter conviction; these sentences are to run concurrently with each other;
on count seven, (a 14:64 conviction), he received a fifty year term without benefit of parole, probation, or suspension of sentence for the armed robbery convic[326]*326tion; on count eight, (a 14:27(64) conviction), he was sentenced to forty-nine and one-half years at hard labor without benefit of parole, probation, or suspension of sentence for the attempted armed robbery conviction; and on count nine (a 14:27(30.1) conviction), he received a term of fifty years at hard labor without benefit of parole, probation, or suspension of sentence for the attempted second degree murder conviction; these sentences are to run concurrently with each other but consecutively to the sentences in counts two, three and four; the State filed a multiple bill, and the defendant admitted he had two prior convictions; the judge then vacated the sentence as to count seven and sentenced the defendant as a third felony offender; he imposed a life sentence without benefit of parole, probation, or suspension of sentence under La. R.S. 15:529.1.2

The defendant was tried on six counts stemming from two incidents. Janet Gibson and Jimmy Rezny testified as to the October 23,1996, incident. Ms Gibson, the thirty-one year old victim, had just picked up Jimmy Rezny from Charity Hospital about 1:10 a.m. and was returning to her home at 8012 Cohn Street when she noticed a white ear following her. Their two-month-old son was in the front passenger position in an infant-seat. Mr. Rezny was in the back seat behind Ms Gibson. She was driving a red 4 Runner Toyota. When she pulled up in front of her house, the other ear stopped so that it blocked her car. Three men|3got out of that car wearing masks; the man carrying a gun was wearing a blue bandanna over the lower part of his face. He walked to the driver’s side of the car, pointed a gun at Ms Gibson, and said, “Get out.” She asked Mr. Rezny what to do, and he told her to honk the horn. She did, and the gunman shot her. Ms Gibson turned to cover her child with her body as the gunman shot. The bullet penetrated her stomach, her lungs, her liver, and her diaphragm. The gunman and the other two men jumped back into the car and drove away. Ms Gibson was taken to Charity Hospital where she remained for three and a half weeks. After extensive surgery, Ms Gibson still suffered from stomach problems at the time of trial.

Officer James Dueos of the NOPD crime lab testified that he was called to 8012 Cohn Street on October 23 rd to process the crime scene. He found there a red Toyota station wagon; beneath it was a spent easing, and inside, a spent bullet. He photographed the scene, noting the blood on the front seat and in the console.

Alexander Curtis and Kim Waters, both students at Tulane University, testified as to the second incident which occurred on November 5 th at 4835 Pitt Street. Mr. Curtis and Ms Waters had parked just after midnight at Waters’ apartment on Pitt Street. Ms Waters had just commented that it was her birthday when they realized that a car stopped in the middle of the street next to them. Two men got out wearing masks and carrying guns. One man pointed a gun at Mr. Curtis and said, “Get out.” Both Mr. Curtis and Ms Waters got out of the car and stretched out on the ground. The men demanded money; Mr. Curtis had no money, but Ms Waters’ wallet was taken by a man wearing a blue bandanna over the lower part of his face. Ms Waters began to scream, asking the men not to shoot them on her birthday. As many as ten shots were fired, and the men jumped back into their |4car and drove away. Ms Waters was shot by the man wearing a blue bandanna. She was shot once in the chest and twice in her left leg. One bullet broke her tibia bone. Ms Waters spent less than twenty-four hours [327]*327at Charity Hospital before being transferred to Tulane Medical Center where she stayed about six and one-half days. At the time of trial, she was still in treatment for her leg injuries.

Officer Verna Brown, who investigated the crime on Pitt Street on November 5th, testified that when she arrived on the scene Ms Waters was still on the ground. Officer Brown observed numerous casings in the street. The officer photographed the scene.

Officer Kenneth Leary, an expert in the field of firearms identification, testified that he examined the nine millimeter cartridge case and the nine millimeter bullet recovered from the red Toyota and found that it matched four of the nine millimeter cartridge cases found at the crime scene on Pitt Street. Sometime later the officer examined a Llama nine-millimeter semiautomatic pistol and determined that it was the weapon that had fired the bullet and the cartridge case found on Cohn Street and some of the cartridge cases found on Pitt Street. Some of the casings found on Pitt Street were fired by a Smith and Wesson, Model 39, nine-millimeter semiautomatic pistol.

Officer Joseph Waguespaek also participated in the investigations. He took a statement from the defendant; the statement was also tape-recorded. The jury received a transcribed copy of the statement, and the audiotape was played in court. In that statement the defendant admitted to taking part in both incidents and wearing a blue bandanna. However, he denied carrying a gun in either incident.

Detective Herman Cade arrested the defendant. The detective testified that he first saw the defendant on November 14th during a car chase near Magnolia jsStreet and Washington Avenue. The detective saw the defendant abandon a car on Magnolia Street, and then cross the street immediately in front of a police ear. After he was apprehended, a weapon was recovered from under the police car.

The defendant makes three assignments of error and points out two errors patent.

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Related

State v. Hayes
70 So. 3d 27 (Louisiana Court of Appeal, 2011)
State v. Hart
66 So. 3d 44 (Louisiana Court of Appeal, 2011)
State v. Parker
845 So. 2d 546 (Louisiana Court of Appeal, 2003)

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Bluebook (online)
736 So. 2d 323, 98 La.App. 4 Cir. 0957, 1999 La. App. LEXIS 1608, 1999 WL 339328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hannon-lactapp-1999.