State v. Jarvis

710 So. 2d 831, 1998 WL 169940
CourtLouisiana Court of Appeal
DecidedApril 9, 1998
Docket97-KA-1174
StatusPublished
Cited by9 cases

This text of 710 So. 2d 831 (State v. Jarvis) 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. Jarvis, 710 So. 2d 831, 1998 WL 169940 (La. Ct. App. 1998).

Opinion

710 So.2d 831 (1998)

STATE of Louisiana
v.
Kevin JARVIS.

No. 97-KA-1174.

Court of Appeal of Louisiana, Fifth Circuit.

April 9, 1998.

Manina D. Dubroca, Luling, for defendant-appellant.

Harry J. Morel, Jr., District Attorney, Louis G. Authement, Assistant District Attorney, Hahnville, for plaintiff-appellee.

Before GRISBAUM, C.J., and BOWES and CANNELLA, JJ.

GRISBAUM, Chief Judge.

In this criminal appeal, the defendant, Kevin Jarvis, appeals his conviction of armed robbery, La. R.S. 14:64. We affirm.

ASSIGNMENTS OF ERROR

Defendant assigns as error the following, to-wit:

1. The court erred in failing to rule that the defendant's arrest by St. Charles Parish authorities in Lafourche Parish-that *832 took place without even informing Lafourche Parish officials-was illegal.
The court erred in failing to suppress the identification made in-court before trial by the victim of the robbery where the victim testified that he was unsure that the defendant was the perpetrator where the victim's only other opportunity to identify the defendant was a one-on-one identification.
3. The court erred in refusing to permit the defendant access to the transcript of the hearing on a pretrial motion to suppress the identification, and to utilize it in questioning the victim, where the State had used the transcript to question the witness about his recollection of his earlier testimony. The court then compounded its error by refusing to permit the defense to question the witness after the State had rested.

Defendant-Appellant's Original Brief at p. 8.

FACTS AND PROCEDURAL HISTORY

On the night of February 8, 1997, the minor victim, David Perrilloux, and four of his friends were returning home from a Mardi Gras parade. They stopped at a Chevron station near their home in Des Allemandes, in St. Charles Parish, to buy cigarettes. The clerk at the station refused to sell cigarettes to either David Perrilloux or his friend, David Schubert. David Schubert asked another customer in the store to buy the cigarettes for him, but the clerk refused to sell the cigarettes to the other customer as well. David Schubert then exited the station and tried to persuade the occupants of a van parked in front of the station to buy the cigarettes. David Perrilloux testified that one of the males from the van agreed to buy cigarettes and beer for the boys. Perrilloux identified this man as being "bright skinned" with brown hair "sticking up" but could not tell if the man was black or white. This man told Perrilloux to walk around to the side of the store so the clerk would not see the money being exchanged. Perrilloux and Schubert walked around to the side of the store, accompanied by the "bright skinned guy" and another male. When all four turned the corner, the "bright skinned" man put a gun to the side of Perrilloux's head. When Schubert saw the gun, he took off running. Perrilloux testified that, while the gun was being held to his head, the other man took $70 from Perrilloux's wallet. The "bright skinned" man then hit Perrilloux in the head twice and the two perpetrators then ran off.

The incident was reported to the St. Charles police, who sent a "BOLO" or "Be On the Look Out" to the surrounding parishes. In response to the BOLO, the Lafourche Parish officers stopped a van matching the description with four or five people still in the van. Later that evening, Perrilloux and Schubert accompanied the St. Charles police to Lafourche Parish, where a van had been stopped, to attempt to identify the perpetrators of the crime. However, once arriving at the van, Perrilloux told the police that the people in the van had been at the scene but the man who had robbed him was not one of the men standing besides the stopped van. Therefore, they headed back to St. Charles Parish. Deputy Troy Becnel, a St. Charles officer who was driving the boys, testified that, on their way back, they passed a hitchhiker, whom the boys identified by the light of the police car's headlights, as the perpetrator of the robbery. The hitchhiker was later identified as Kevin Jarvis. Although still in Lafourche Parish, Deputy Becnel arrested the defendant, without any assistance from Lafourche Parish officers, and, subsequent to the arrest, transported him to St. Charles Parish. However, at trial, Deputy Becnel told the jury that he had no jurisdiction or authority to arrest the defendant in Lafourche Parish. Furthermore, defendant was never booked in Lafourche Parish nor was there any communication with Lafourche Parish officers about the defendant's arrest.

Perrilloux's positive identification of Jarvis as the perpetrator of the robbery was corroborated by Schubert. Fawn Luquette and Misty Colangelo, who were with Perrilloux and Schubert on the night of the incident, both testified at trial that Kevin Jarvis was the man they each saw accompany their friends to the back of the store.

On March 7, 1997, the St. Charles Parish District Attorney's office filed a bill of information *833 charging the defendant, Kevin Jarvis, with armed robbery, La. R.S. 14:64. Defendant was arraigned on March 12, 1997, and pled not guilty. The trial court heard and denied defendant's motion to suppress the evidence and identification. After a trial before a jury of 12 on May 15 and May 16, 1997, the jury, on May 16, 1997, returned a 10-2 verdict of guilty as charged. On August 14, 1997, defendant was sentenced to 12 years at hard labor without benefit of parole, probation, or suspension of sentence. Defendant's motion to reconsider sentence was denied on September 16, 1997. Defendant timely filed an appeal.

LAW AND ANALYSIS

Assignment of Error One

Defendant-appellant first contends that his arrest was illegal because it occurred outside the St. Charles Parish deputies' territorial jurisdiction. At first glance, it is not apparent which trial court ruling the defendant-appellant asks us to review. In the trial court, defendant-appellant raised the issue of his arrest by a motion to suppress the evidence, stating to the trial court that he wished to suppress the arrest. However, the specific issue of jurisdiction to arrest was not brought up in his written motion to suppress the evidence. Because the trial court, nevertheless, ruled on the defendant-appellant's challenge of his arrest, in the context of the suppression motion, we determine that this challenge is properly before our Court.

There is no dispute that defendant-appellant was arrested in Lafourche Parish by a member of the St. Charles Parish Police Office, Deputy Becnel. The officer was aware that he had no police authority to arrest the defendant-appellant in Lafourche Parish and further testified that no Lafourche Parish officers assisted in the arrest. Moreover, there was no communication with Lafourche Parish officers about the defendant-appellant's arrest. Our statutory law and jurisprudence allows a peace officer to enter another jurisdiction in this State and make an arrest; however, only officers in close pursuit are authorized to leave their territorial jurisdiction for the purpose of an effective arrest. La.Code Crim. P. art. 213; State v. Bickham, 404 So.2d 929 (La.1981); State v. Washington, 444 So.2d 320 (La.App. 1st Cir.1983), writ denied, 445 So.2d 450 (La.1984). Furthermore,

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Cite This Page — Counsel Stack

Bluebook (online)
710 So. 2d 831, 1998 WL 169940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jarvis-lactapp-1998.