State v. Jacquet

688 So. 2d 1337, 96 La.App. 3 Cir. 1183, 1997 La. App. LEXIS 298, 1997 WL 66582
CourtLouisiana Court of Appeal
DecidedFebruary 19, 1997
DocketNo. 96-1183
StatusPublished
Cited by2 cases

This text of 688 So. 2d 1337 (State v. Jacquet) 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. Jacquet, 688 So. 2d 1337, 96 La.App. 3 Cir. 1183, 1997 La. App. LEXIS 298, 1997 WL 66582 (La. Ct. App. 1997).

Opinions

JiDOUCET, Chief Judge.

The defendant, Joseph Jacquet, appeals his conviction for armed robbery and the sentence imposed in connection with it.

On January 23, 1992, at about 2:00 a.m., the defendant, armed with a handgun, entered a Jr. Food' Mart in Breaux Bridge. While inside the store, the defendant fired the gun twice and then left the store with the cash register. The defendant was arrested in another part of town and charged with armed robbery.

On May 26, 1992, a bill of information was filed charging the defendant, Joseph Anthony Jacquet, with one count of armed robbery, a violation of La.R.S. 14:64. On June 2,1992, the defendant waived formal arraignment and entered a plea |2of not guilty. On September 17, 1993, a hearing was held on a Motion to Suppress filed by the defendant. At the hearing, defense counsel withdrew the motion. After a trial by jury held September 20-22, 1993, the defendant was found guilty as charged. On January 20,1994, the defendant was sentenced to sixty years at hard labor without benefit of probation, parole or suspension of sentence. The defendant filed a motion to reconsider sentence on January 27, 1994. The motion was denied without hearing. A motion for out of time appeal and an order granting the motion were filed on February 21, 1996. The defendant now appeals his conviction and sentence.

CREDIT FOR TIME SERVED

In reviewing this case for errors patent on the face of the record as required by La.Code Crim.P. art. 920, this court noticed that the trial court did not give the defendant credit for time served before the execution of the sentence as required by La.Code Crim.P. art. 882 A. Therefore, we amend the sentence to reflect that the defendant is given credit for time served before the execution of the sentence. Resentencing is not required. However, the case is remanded to the district court. We further order the district court to amend the commitment and minute entry of the sentence to reflect that the defendant is given credit for time served. State v. Moore, 93-1632 (La.App. 3 Cir. 5/4/94); 640 So.2d 561, writ denied, 94-1455 (La.3/30/95); 651 So.2d 858.

MOTION TO SUPPRESS

The defendant contends that his constitutional right to due process was violated in that his motion to suppress was withdrawn and never heard because of a misrepresentation made by the District Attorney’s Office. Although the motion tojjsuppress itself is not filed in the record before this court, the hearing held on September 17, 1993 is in the record. At the hearing, defense counsel stated she was withdrawing the motion to suppress because the district attorney told her the defendant’s oral statement was exculpatory rather than inculpatory. The district attorney responded by stating that although [1339]*1339the statement was not by itself inculpatory, if the defendant testified, some of the statement might be used to impeach him on cross-examination.

After hearing this explanation, the trial court granted the defendant’s motion to withdraw the motion to suppress. On September 21, 1993, the day of trial, before the state gave its opening statement the state gave defense counsel notice of its intent to use an incriminating statement made by the defendant on January 23, 1992 as required by La.Code Crim.P. art. 768. Defense counsel requested a bench conference, during which she informed the court that the state had previously informed her that it did not have any inculpatory information. The prosecution persuaded the court to reserve its ruling until after lunch since it did not plan to introduce the statement until that time. Ultimately, the court decided to allow the introduction of the statement. He explained that the State had placed the defendant on notice that it had in its possession an oral statement made by the defendant on January 23, 1992. He opined that it did not catch the defendant by surprise. He stated that he would allow the state to use “the tape-recorded, transcribed inculpatory statement given by Joseph Jacquet to Detective Marcus Guidry and Detective Eddie Romero and Detective Don Allemond on ... January 23rd, 1992.”

The record does not support defense counsel’s position that the district attorney told defense counsel it would use the statement only if the defendant testified. pNeither does the record support defense counsel’s contention that the district attorney told defense counsel the statement was not inculpa-tory. At the hearing on the motion to suppress, the district attorney made it clear that the statement was not inculpatory by itself but if the defendant testified, part of the statement might be used to impeach him. The prosecution did not state that the statement would be used only if the defendant testified. After reviewing the taped statement we find that it does not implicate the defendant in the shooting and is not inculpa-tory by itself. The defendant does not therein state that he committed the robbery. He merely relates where he was on the night and at the time of the robbery. Therefore, we find that the district attorney did not misrepresent his intentions regarding the introduction of the statement or the contents of it.

The defendant also complains that the state’s introduction of the statement at trial violated his constitutional rights. This court has held:

It is the responsibility of the trial court to exercise reasonable control over the presentation of the evidence. The trial judge is left with wide discretion as to the admissibility of evidence under pertinent evidence rules. Furthermore, the decision of the trial judge will not be overturned absent a clear abuse of discretion.

State v. Evins, 626 So.2d 480, 496 (La.App. 3 Cir.1993). The defendant has not shown the trial court abused its discretion in admitting the statement in the present case. The state properly complied with La.Code Crim.P. art. 768 by timely notifying the defendant of its intention to introduce the statement. Furthermore, as noted by the trial court in its ruling on the admission of the statement, the state had previously notified the defense of the oral statement at issue. Therefore, we find no error in the admission of the statement at trial.

SENTENCING GUIDELINES

The defendant contends that the trial court erred in failing to state sufficient aggravating factors pursuant to the sentencing guidelines and sentenced the defendant to a term of imprisonment far exceeding the term set forth in the guidelines. Although the defendant was sentenced on January 20, 1994, while the sentencing guidelines were still in effect, we need not consider the trial court’s application of the guidelines. As stated by this court in State v. Cooper, 96-119, p. 16 (La.App. 3 Cir. 7/17/96); 678 So.2d 59, 68-69:

Defendant was sentenced on November 3, 1992, subsequent to January 1, 1992, the [1340]*1340effective date of the Felony Sentencing Guidelines. The Guidelines have been repealed by Act No. 942, Sec. 3, of 1995, effective August 15,1995. In State v. Hilton, 95-0586 (La.App. 4 Cir. 11/16/95), 665 So.2d 124, the defendant had been sentenced prior to the effective date of Act No. 942. The court, citing State v. Lennon, 95-0402 (La.App. 4 Cir. 9/15/95); 661 So.2d 1047, explained ‘[w]here a sentencing court articulates the basis for the sentence, it would be a waste of judicial resources to vacate the sentence for failure to consider the old Guidelines and remand for resen-tencing under the new scheme.’ Hilton, 665 So.2d at 125.

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Bluebook (online)
688 So. 2d 1337, 96 La.App. 3 Cir. 1183, 1997 La. App. LEXIS 298, 1997 WL 66582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jacquet-lactapp-1997.