State v. Jackson

768 So. 2d 767, 2000 WL 1408514
Louisiana Court of Appeal·Decided September 27, 2000·No. 33,837-KA·Published·Cited by 5 cases

Opinion

768 So.2d 767 (2000)

STATE of Louisiana, Appellee,
v.
Robert L. JACKSON, Appellant.

No. 33,837-KA.

Court of Appeal of Louisiana, Second Circuit.

September 27, 2000.

*769 Peggy J. Sullivan, Monroe, Counsel for Appellant.

Richard Ieyoub, Attorney General, William Robert Coenen, Jr., District Attorney, Penny Wise Douciere and Thomas Eugene Allen, Assistant District Attorneys, Counsel for Appellee.

Before NORRIS, C.J., and GASKINS and PEATROSS, JJ.

NORRIS, Chief Judge

Robert L. Jackson was convicted of first degree robbery, a violation of La. R.S. 14:64.1, and sentenced to 15 years at hard labor without the benefit of probation, parole or suspension of sentence. Raising several assignments of error, Jackson appeals his conviction and sentence. We affirm.

Facts

On April 16, 1998, Jackson entered the First Republic Bank in Rayville, Louisiana, a bank with video surveillance equipment. He handed a note to bank teller Geraldine McGee, which stated:

I have a gun on my right hip and gasoline in my jacket. If you make any suspicious moves other men and women may blow. (YOU TOO!) I want ($50,000) on the counter now. Touch any security button and they can't save you. TRUST ME, I'M NO JOKE!

In response to the note, McGee wrote back that she did not have that much money in her drawer. Jackson then wrote on the note that McGee should "go get it."

In response to Jackson's instruction, McGee went to the bank vault to get more cash. Following bank procedure, McGee stopped at the office of Cheryl Newcomer, the bank's assistant vice president in charge of branch operations, to ask her to come with her to the vault to verify funds. Newcomer followed McGee into the vault while Jackson waited outside the vault gate. When they were inside the vault, McGee handed the note to Newcomer; Newcomer told McGee that they should give Jackson the money. They proceeded into the inner vault area and began to accumulate bundles of $100 bills totaling $5,000 per bundle to put into a white bank bag.

While Jackson stood outside the vault he was approached by bank teller Shirley Lane, who asked if she could help him. The bank's Executive Vice President, Timmie Thames, witnessed this and testified that Jackson indicated to Lane that he was being helped. Lane told Jackson that he should wait in the seating area. Apparently, Jackson moved away from the vault gate only momentarily and then returned. Thames then asked Jackson if he could help him but Jackson did not reply. *770 Thames told Jackson that he would have to take a seat in the waiting area. As Thames approached him, Jackson stated "No, you need to come here," and when Thames was within a few feet of him, Jackson opened his jacket and Thames testified he saw the handle of a gun protruding from the left inside pocket of Jackson's jacket.

About this time, Newcomer had come from the inside vault closer to the vault gate in an attempt to warn Thames. When Thames walked away from him, Jackson then said to Newcomer, "Hurry up! Give me the money, whatever you've got." Newcomer went back to where McGee was stacking the money and told her to put whatever she had gathered in the bank bag. The ladies approached the vault gate with the bank bag and Newcomer handed Jackson the bag. Jackson then ran out of the bank's front door. Newcomer and Thames went to the bank's front doors and watched Jackson run across Glenda and Julia Streets. A bank employee called 911 and Thames gave the police a description of Jackson and the route he had followed when he left the bank. Within approximately 15 minutes, Jackson was apprehended by Richland Parish Sheriff's Deputy Frank Jones; at the time he was taken into custody, Jackson had the bank bag filled with money and he was unarmed.

Approximately 24 hours after the robbery, Charlie Reynolds, the maintenance man for the bank, was cutting grass and found a toy gun on the ground in the direction that Jackson ran. Reynolds gave the gun to Thames, who turned the gun over to Officer Terry Thompson. The toy gun was admitted into evidence and Thames testified that the handle of the gun resembled what he saw when Jackson opened his jacket.

After being taking into custody, Jackson was advised of his rights and he gave two statements. In his oral statement, Jackson said that his name was Reginald Burks and he admitted committing the robbery. Jackson later gave a recorded statement to Officer Terry Thompson where he admitted giving the note to McGee and taking the money. In the statement he denied having a gun, stating that he opened his jacket for intimidation purposes. Additionally, in the second statement Jackson was questioned about prior arrests. The defense filed a motion to suppress the statements alleging they were coerced and involuntary. After a hearing on the motion where several police officers testified that Jackson was never threatened, intimidated, or promised anything, the trial court held the statements admissible.

Also admitted was the video tape from the security camera. During the testimony of McGee, Thames, and Newcomer, the video was played for the jury. The witnesses testified to the specific events as the video was played and they all made in court identifications of Jackson.

Jackson was charged by bill of information with first degree robbery, a violation of La. R.S. 14:64.1. A jury convicted Jackson as charged and he was sentenced to serve 15 years at hard labor without benefit of probation, parole or suspension of sentence. Jackson's motion to reconsider sentence was denied by the trial court. He appeals his conviction and sentence.

Law and Analysis: Sufficiency of the Evidence

In his first assignment of error, Jackson claims that the evidence was not sufficient to prove that the victims had a reasonable basis to believe that he was armed with a dangerous weapon when he gave her the note demanding money, one of the elements of first degree robbery as defined in La. R.S. 14:64.1.

When issues are raised on appeal concerning the sufficiency of the evidence and one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. The sufficiency issue is reviewed first because the accused may be entitled to an acquittal *771 under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Hearold, 603 So.2d 731 (La.1992).

Under Jackson v. Virginia, supra, the proper standard of appellate review for a sufficiency of 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 beyond a reasonable doubt. State v. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333; State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.), writ denied, 605 So.2d 1089 (La.1992).

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra,

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