State v. Hawkins

572 So. 2d 108, 1990 WL 157562
CourtLouisiana Court of Appeal
DecidedOctober 16, 1990
DocketKA 89 1736
StatusPublished
Cited by11 cases

This text of 572 So. 2d 108 (State v. Hawkins) 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. Hawkins, 572 So. 2d 108, 1990 WL 157562 (La. Ct. App. 1990).

Opinion

572 So.2d 108 (1990)

STATE of Louisiana
v.
Earl Fitzgerald HAWKINS.

No. KA 89 1736.

Court of Appeal of Louisiana, First Circuit.

October 16, 1990.

*110 T. Barry Wilkinson, E. Neal Harmon, Jr., Asst. Dist. Attys., Port Allen, for the State.

C. Jerome D'Aquila, New Roads, for defendant Earl Fitzgerald Hawkins.

Before COVINGTON, C.J., and LANIER, ALFORD, JJ.

COVINGTON, Chief Judge.

Earl Fitzgerald Hawkins was charged by bill of information with armed robbery, in violation of LSA-R.S. 14:64. He pled not guilty and, after a trial by jury, was found guilty as charged. Defendant was sentenced to serve twenty years at hard labor without benefit of parole, probation, or suspension of sentence. This court granted defendant's request for an out-of-time appeal. See State ex rel. Earl Hawkins v. State, KW 89 0869, July 27, 1989. The following were assigned as errors:

1. Prior to trial of the above matter, the defendant filed a motion to suppress the photo lineup, which motion was denied. Defendant designates this ruling of the court as assignment of error number one.

2. During the trial, defense counsel asked that a juror be dismissed for cause, which motion was denied. Defendant designates this ruling of the trial court as assignment of error number two.

3. During the trial, an objection was made by the defendant in reference to the introduction of the photographs of the lineup, which objection was overruled, and the photographs were allowed to be introduced into evidence. Defendant now designates this ruling of the trial court as assignment of error number three.

4. During the trial, the defense moved for a mistrial predicated upon Art. 775(3) of the Code of Criminal Procedure. The motion for mistrial was aimed at the introduction of photographs during the testimony of Det. Don Baucum. The motion for mistrial was denied. Defendant now designates this ruling of the trial court as assignment of error number four.

5. During the trial, an objection was made by the State in reference to a question asked to Det. Don Baucum under cross-examination, which objection was sustained by the trial court. Defendant now designates this ruling of the trial court as assignment of error number five.

*111 6. During the trial, the State was allowed to ask questions on redirect examination of Det. Don Baucum, but defendant was denied a chance to recross on the question asked. Defendant now designates this ruling of the trial court as assignment of error number six.

7. Defendant shows that the verdict is contrary to the law and evidence and designates the verdict of the jury as assignment of error number seven.

8. Defendant shows that the sentence of the trial court was excessive and designates this as assignment of error number eight.

Assignment of error number five was not addressed in defendant's brief to this Court and, therefore, is considered abandoned. Uniform Rules—Courts of Appeal, Rule 2-12.4.

FACTS

On the night of May 3, 1983, at about 12:30 a.m., an armed robbery occurred at the Delta Fuel Stop in Port Allen, Louisiana. There were two cashiers on duty that night, and there were also a number of customers present in the store. The evidence adduced at trial indicated that there were two perpetrators. One had a pillow case over his head, and the other one was carrying a handgun. The perpetrator with the gun entered the store and said, "Freeze, this is a holdup." He pointed the gun at one of the cashiers, went behind the counter and told her to open the register. After taking the cash therefrom, both perpetrators fled.

Several customers who were present on the evening in question witnessed the robbery and observed the perpetrators. One customer went outside after the crime occurred and saw the perpetrators run behind an adjacent building. When he was leaving the gas station in his vehicle, the witness saw a green Chevrolet Camaro coming from behind the adjacent building at a high rate of speed. The witness was able to see into the Camaro and observe the man who had just committed the robbery, along with his cohort. The witness was also able to see the license tag number on the Camaro, and he exited the highway and called the authorities.

During the robbery, another customer was able to closely observe the perpetrator with the handgun. Approximately two weeks after the offense, he met with law enforcement officials and identified defendant herein from a photographic lineup.

Det. Don Baucum of the West Baton Rouge Parish Sheriff's Office investigated the crime herein. He determined that the license tag number given by one of the witnesses was registered to a Jacqueline D. Smith of 979 Avenue C in Port Allen, Louisiana. The detective also determined that defendant's address was 979 Avenue C in Port Allen, Louisiana. Det. Baucum also constructed several photographic lineups and met with several witnesses. Thereafter, defendant was identified as one of the perpetrators herein.

CHALLENGE OF JUROR FOR CAUSE

Through his second assignment of error, defendant contends that the trial court erred in denying his challenge for cause of a prospective juror who was married to a law enforcement officer. Defendant argues that the prospective juror was also friendly with many law enforcement officials and, therefore, it would be reasonable to conclude that she would not be impartial.

The State or the defendant may challenge a juror for cause on the ground that the juror is not impartial, whatever the cause of his partiality. See LSA-C.Cr.P. art. 797(2). It is well-settled that relationship to a law enforcement officer is not, of itself, grounds for a challenge for cause. Rather, the question presented is whether or not the prospective juror could assess the credibility of each witness independent of his or her relationship with members of law enforcement. State v. Collins, 546 So.2d 1246, 1253 (La.App. 1st Cir.1989), writ denied, 558 So.2d 599 (La.1990). The trial court is vested with broad discretion in ruling on a challenge for cause, and that ruling will not be disturbed on appeal absent a showing of abuse of that discretion. State v. Jones, 526 So.2d 1374, 1379-1380 (La.App. 1st Cir.1988).

*112 The prospective juror herein testified that her husband was an auxiliary police officer with the Police Department in Addis, Louisiana. She also indicated that he was an auxiliary deputy for the West Baton Rouge Parish Sheriff's Office. She further admitted that her husband was friendly with many law enforcement officials. After these facts came to light during voir dire, the trial court instructed this prospective juror to "search herself" deeply. The trial court inquired of the prospective juror whether or not her judgment in the case would be affected, given the fact that her husband was a law enforcement officer. To this she answered, "No." She further indicated that she would judge the case only on the evidence adduced at trial. She also stated that she would not be embarassed to find defendant not guilty nor would she feel pressured by her husband not to do so. Further, the prospective juror did not know any of the witnesses in this case. She also indicated that she knew she could not go home and talk to her husband about the case. Finally, she affirmed that she could render an impartial verdict based solely upon the law and the evidence.

Based upon our review of the record herein, we cannot conclude that the trial court's denial of defendant's challenge for cause of this juror was an abuse of its discretion.

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Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 108, 1990 WL 157562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hawkins-lactapp-1990.