State v. Howard

987 So. 2d 330, 2008 WL 2357394
CourtLouisiana Court of Appeal
DecidedJune 11, 2008
Docket43,227-KA
StatusPublished
Cited by4 cases

This text of 987 So. 2d 330 (State v. Howard) 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. Howard, 987 So. 2d 330, 2008 WL 2357394 (La. Ct. App. 2008).

Opinion

987 So.2d 330 (2008)

STATE of Louisiana, Appellee
v.
Broderick Donnell HOWARD, Appellant.

No. 43,227-KA.

Court of Appeal of Louisiana, Second Circuit.

June 11, 2008.

*332 William J. Franklin, for Appellant.

Paul J. Carmouche, District Attorney, John F. McWilliams, Jr., Brady D. O'Callaghan, Jason T. Brown, Assistant District Attorneys, for Appellees.

Before WILLIAMS, MOORE and LOLLEY, JJ.

WILLIAMS, J.

The defendant, Broderick Donnell Howard, was charged by bill of information with armed robbery with a firearm, in violation of LSA-R.S. 14:64 and 14:64.3. Following a trial, a jury found the defendant guilty of armed robbery. He was sentenced to serve 99 years in prison at hard labor, without benefit of probation, parole or suspension of sentence. For the reasons that follow, we affirm the defendant's conviction and sentence.

FACTS

On June 9, 2006, at approximately 11:00 a.m., Wiley Fountain, a 70-year-old man, was leaving his apartment in the Jefferson Apartment complex in Shreveport, Louisiana. Mr. Fountain planned to walk to a nearby detox clinic where he worked as a volunteer. As he began to walk down the street, Mr. Fountain was approached by Darren Gray ("Gray"). Gray was brandishing a firearm and told Mr. Fountain to step behind a building. Mr. Fountain saw another man, who was later identified as the defendant, standing alongside the building. Gray demanded money from *333 Mr. Fountain, and when Mr. Fountain told Gray he didn't have any money, Gray demanded his cell phone. Mr. Fountain threw the phone towards Gray and began walking back to his apartment complex. As he left, Mr. Fountain told Gray if he was going to shoot him, he would have to shoot him in the back. One of Mr. Fountain's neighbors witnessed the robbery and called 9-1-1, giving a description of the two men. The defendant was described as a man wearing a pair of bright yellow shorts or pants and a white T-shirt. Gray was wearing a white T-shirt and blue jeans.

Police officers canvassing the area located the defendant a few blocks from the crime scene wearing the clothes described by the victim and his neighbor. Mr. Fountain was driven to the location where the defendant was apprehended and made an identification of the defendant by the clothing he was wearing. The defendant and Gray were arrested. Gray provided the authorities with a false name and was initially released. However, later that evening, Gray was arrested as he attempted to park a stolen vehicle he was driving.[1] During his interrogation, Gray admitted his involvement in the armed robbery of Mr. Fountain and implicated the defendant in the crime.

Gray and the defendant were charged with armed robbery with a firearm, in violation of LSA-R.S. 14:64 and 14:64.3.[2] Following a trial, a jury found the defendant guilty of armed robbery. The trial court denied the defendant's motions for new trial and post-verdict judgment of acquittal. The defendant was sentenced to serve 99 years in prison at hard labor, without benefit of probation, parole or suspension of sentence. The trial court denied the defendant's motion to reconsider sentence. The defendant appeals his conviction and sentence.

DISCUSSION

Sufficiency of Evidence

The defendant contends the evidence was insufficient to support his conviction for armed robbery. He argues that the state failed to prove beyond a reasonable doubt that he participated in the armed robbery of Mr. Fountain.

The question of sufficiency of evidence is properly raised by a motion for post-verdict judgment of acquittal. State v. Howard, 31,807 (La.App. 2d Cir.8/18/99), 746 So.2d 49, writ denied, 99-2960 (La.5/5/00), 760 So.2d 1190. The standard of appellate review for a sufficiency of the evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Tate, XXXX-XXXX (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Cummings, 95-1377 (La.2/28/96), 668 So.2d 1132; State v. Murray, 36,137 (La. App. 2d Cir.8/29/02), 827 So.2d 488, writ denied, 2002-2634 (La.9/5/03), 852 So.2d 1020.

This standard, now legislatively embodied in LSA-C.Cr.P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, XXXX-XXXX (La.2/22/06), 922 So.2d 517; State v. Robertson, 96-1048 *334 (La.10/4/96), 680 So.2d 1165. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442. A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam, 36,118 (La. App. 2d Cir.8/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422.

Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon. LSA-R.S. 14:64; State v. Taylor, 422 So.2d 109 (La.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1803, 76 L.Ed.2d 367 (1983); State v. White, 42,725 (La.App. 2d Cir.10/24/07), 968 So.2d 901. The state may prove a defendant guilty of armed robbery by showing that he served as a principal to the crime. LSA-R.S. 14:24; State v. White, supra; State v. Durden, 36,842 (La.App. 2d Cir.4/9/03), 842 So.2d 1244, writ denied, XXXX-XXXX (La.11/26/03), 860 So.2d 1131.[3] Under this theory, the defendant need not actually take anything or have personally held a weapon to be guilty of armed robbery. Id. A person who aids and abets another in a crime is liable just as the person who directly commits it, although he may be convicted of a higher or lower degree of the crime, depending upon the mental element proved at trial. State v. Watson, 397 So.2d 1337 (La.1981), cert. denied, 454 U.S. 903, 102 S.Ct. 410, 70 L.Ed.2d 222 (1981); State v. White, supra; State v. Durden, supra.

In the instant case, Detective Mike McConnell of the Shreveport Police Department testified as the state's first witness. Det. McConnell testified that when he arrived near the scene of the robbery, the defendant and Gray had been arrested. At the instruction of Det. McConnell, Gray was taken to police headquarters for an interview, and after being Mirandized, Gray was questioned about the crime. During the interview, Gray admitted to stealing a car the day before the robbery. He stated that when the stolen vehicle ran out of gas, he needed gas money. He told the detective that he called the defendant and they planned to get money for gas. Gray also told Det. McConnell that he and the defendant were walking when they saw the victim near the railroad tracks in the vicinity of the 900 block of Louisiana. The pair confronted the victim and told him to empty his pockets. The victim only had a cell phone which the defendant told Gray to take.

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Cite This Page — Counsel Stack

Bluebook (online)
987 So. 2d 330, 2008 WL 2357394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-howard-lactapp-2008.