State v. Hatch

964 So. 2d 394, 2007 WL 1610777
CourtLouisiana Court of Appeal
DecidedJune 6, 2007
Docket06-1587
StatusPublished
Cited by4 cases

This text of 964 So. 2d 394 (State v. Hatch) 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. Hatch, 964 So. 2d 394, 2007 WL 1610777 (La. Ct. App. 2007).

Opinion

964 So.2d 394 (2007)

STATE of Louisiana
v.
Charles W. HATCH.

No. 06-1587.

Court of Appeal of Louisiana, Third Circuit.

June 6, 2007.

*395 G. Paul Marx Louisiana Appellate Project, Lafayette, LA, for Defendant/Appellant, Charles W. Hatch.

Charles C. Foti, Jr. Attorney General-State of Louisiana, Molly L. Balfour, Assistant Attorney General Louisiana Department of Justice, Baton Rouge, LA, for Appellee, State of Louisiana.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR and JAMES T. GENOVESE, Judges.

COOKS, Judge.

Defendant, Charles Hatch, appeals his convictions and sentences on the charges of aggravated battery and armed robbery. For the following reasons, we affirm the convictions, but vacate the sentences and remand for resentencing.

FACTS

On September 13, 2004, at approximately 7:00 p.m., Shane Hilton answered the door of his home and two men forced their way into his home. Hilton testified that one of the men wore a ski mask and the other held a bat. Once the men were inside his home, Hilton ran to a room in the back of the house and tried to hold the door closed. However, the two men pushed down the door. Once inside the room, the two men told Hilton to get down and asked where his wallet or money was. Hilton then determined that the masked man was Joseph Ripley, his ex-wife's brother. Hilton testified that every time he said Ripley's name he was hit with the bat. Hilton eventually led the two men to his wallet in the kitchen. When Hilton handed over his wallet, the man with the gun cocked the gun, and Hilton "guessed" the man pulled the trigger. Hilton was then pistol-whipped. Hilton testified that at that time, he "kind of blacked out" and started swinging at both men. He then ran out the front door to a neighbor's house and called the police. Hilton also called his ex-wife, Angela Greenlee, and told her she did not succeed. Later, Angela and her sister showed up at Hilton's home.

Winnie Sumpter, Hilton's neighbor, testified that she pulled into her driveway at approximately 10:00 p.m. and saw two men cutting across her yard. While her car was still running, but in park, a man approached her car, took out a gun, and used it to break her car window. The man then pointed the gun at her, demanded her money, and reached into her car and took her purse.

Police prepared a photographic lineup which contained a photograph of Clint Mott, who had been known to hang out with Ripley and who resembled the physical description given by Hilton and Sumpter. However, a photograph of the Defendant was not placed in the lineup. Hilton testified that when viewing the photographic lineup he informed police that Mott resembled the man who had been in his home, but he was not 100 percent certain about the identification. Sumpter identified Mott in the lineup, but told police *396 the person who took her purse had a fuller face. Mott was subsequently arrested. At that time, Mott had bleached blond hair rather than brown hair, as depicted in the photograph used in the lineup. After police spoke to Mott and his acquaintances, Angela Perkins and Michael Livingston, Mott was cleared as a suspect.

Ripley was subsequently arrested. He gave a statement to police and brought them to the crime scene to collect evidence. In his statement, Ripley implicated Defendant and stated the two men went to Hilton's home because Hilton hit Angela Greenlee, Ripley's sister and Hilton's ex-wife.

Based on Ripley's statement, police arrested Defendant on September 15, 2004. Defendant gave a statement to police indicating that Angela offered to pay him to break Hilton's legs. Defendant also admitted he and Ripley went to Hilton's residence to threaten him and that Ripley wore a mask to conceal his identity because Hilton knew him. Defendant further admitted he and Ripley attacked Hilton using a baseball bat and a handgun. Additionally, Defendant admitted busting Sumpter's car window as she pulled into her driveway, and he stated that Ripley took Sumpter's purse.[1]

Defendant was charged by bill of information with one count of aggravated battery, a violation of La.R.S. 14:34, and one count of armed robbery, a violation of La.R.S. 14:64. Defendant entered a plea of not guilty.

At trial, Defendant testified that he was at home on the date of the offenses, September 13, 2004. However, on September 14, 2004, he met Ripley and Mott at Ripley's home. At that time, Ripley told him what had occurred the previous day. Mott then informed Defendant that he had felony charges pending against him at that time and told Defendant, "if you take this charge for me, I'll give you 3,000 roll pills."[2] Mott also promised to bond Defendant out of jail and then give him the pills. Defendant testified that at the time of the discussion, he thought the charges involved were purse snatching and battery. Defendant denied committing the acts set forth in his statement to police. He testified he was told what to say in the statement, and nothing in his statement was true.

Detective Brandon Dever testified that he wrote Defendant's statement, and he wrote what was told to him by Defendant. Additionally, Defendant was allowed to read the statement.

Defendant called his sister, Krista Raymond, to testify on his behalf. She testified that she had phone contact with Defendant on September 13, 2004 between the hours of 8:00 p.m. and 12:00 a.m. At that time, she stated that Defendant was at his mother's home.

Mike Greenlee, Angela's ex-husband, testified that he came home from work, on a date he could not specifically recall, to find Angela, Ripley, and the Defendant at the home of his in-laws. Later that night, Angela left her parents' home and did not return until a little after 10:30 p.m. While Angela was gone, Ripley and Defendant were not at the house. Some time after her return, Angela's cell phone rang, and Hilton was on the line yelling and screaming at her. Angela and her sister then went to Hilton's home.

*397 A jury returned a verdict of guilty of aggravated battery and armed robbery. Defendant was subsequently sentenced to twelve years at hard labor without benefit of probation, parole, or suspension of sentence for armed robbery and to ten years for aggravated battery. The sentence for aggravated battery was ordered to run consecutively to the sentence for armed robbery. However, the court suspended the sentence for aggravated battery and placed Defendant on supervised probation for a period of five years, to begin upon his release from the sentence imposed for armed robbery. Defense counsel objected to the sentence.

Defendant has appealed, asserting his conviction was based on insufficient evidence, and his sentence was excessive.

ASSIGNMENT OF ERROR NO. 1

In his first assignment of error, Defendant contends his conviction was based on insufficient evidence. Specifically he contends the evidence shows he made a false confession, the victims could not identify him as the perpetrator, and there was no other evidence in support of his being the perpetrator.

Defendant asserts the victims identified Mott as the perpetrator and never identified him. The police arrested Mott, but released him because his hair had been bleached blond. However, there was no evidence regarding when Mott's hair was dyed. Additionally, Detective George McNeil admitted that Mott could have changed his hair color to alter his appearance.

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

Related

State v. Loyd
274 So. 3d 112 (Louisiana Court of Appeal, 2019)
State of Louisiana v. Victor Wayne Loyd
Louisiana Court of Appeal, 2019
State v. Anderson
116 So. 3d 1045 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Eric John Anderson
Louisiana Court of Appeal, 2013
State v. Baylor
998 So. 2d 800 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
964 So. 2d 394, 2007 WL 1610777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hatch-lactapp-2007.