State v. Jenkins

508 So. 2d 191
CourtLouisiana Court of Appeal
DecidedMay 13, 1987
DocketCR86-307
StatusPublished
Cited by12 cases

This text of 508 So. 2d 191 (State v. Jenkins) 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. Jenkins, 508 So. 2d 191 (La. Ct. App. 1987).

Opinion

508 So.2d 191 (1987)

STATE of Louisiana, Plaintiff-Appellee,
v.
Edrick JENKINS, Defendant-Appellant.

No. CR86-307.

Court of Appeal of Louisiana, Third Circuit.

May 13, 1987.

*192 Kathrine S. Williamson, Alexandria, for defendant-appellant.

Dan B. Cornett, Dist. Atty., Donald R. Wilson, Asst. Dist. Atty., Jena, for plaintiff-appellee.

Before STOKER, LABORDE and YELVERTON, JJ.

STOKER, Judge.

Edrick K. Jenkins appeals his convictions of armed robbery and aggravated burglary, and his sentences for those crimes.

FACTS

On December 4, 1983 the LaSalle Parish residence of Dr. I.C. Turnley was burglarized while the Turnleys were away at church. Dr. Turnley returned home unexpectedly and found the two burglars in the house. The burglars were armed with shotguns; they ordered Turnley to the floor, and one of them fired a shot over his head as he was attempting to comply. They blindfolded Dr. Turnley and tied him to a chair. They took several items from the person of Dr. Turnley as well as a large number of guns and pieces of jewelry from the house.

Eventually, the appellant and Johnny Ray Smith were arrested for the crime. Smith confessed, and related to police that he and Edrick Jenkins had committed the robbery and had taken the loot to Houston to sell.

Jenkins was indicted on charges of armed robbery and aggravated burglary, violations of LSA-R.S. 14:64 and 14:60. He moved for a change of venue and to suppress the testimony of his accomplice, Johnny Ray Smith, who was a witness for the State. Both motions were denied by the court. The jury found Jenkins guilty as to both charges. He was sentenced to forty-five years on the robbery count and fifteen years on the burglary count to run consecutively. Jenkins appeals, citing several errors.

CHANGE OF VENUE

The appellant claims the trial court erred in denying his Motion for Change of Venue and Supplemental Motion for Change of Venue. He argues that it was impossible for him to get an impartial trial because the victim was well known in the community, and in such a rural community the incident giving rise to this case would not be easily forgotten.

A change of venue shall be granted when the applicant proves that by reason of prejudice existing in the public mind or because of undue influence, or that for any other reason, a fair and impartial trial cannot be obtained in the parish where the *193 prosecution is pending. In deciding whether to grant a change of venue the court shall consider whether the prejudice, the influence, or other reasons are such that they will affect the answers of jurors on the voir dire examination or the testimony of witnesses at the trial. LSA-C.Cr.P. art. 622. Under this article the defendant must prove more than the mere knowledge of public facts surrounding the offense to be entitled to have his trial moved to another parish. The burden of proof is on the defendant to show that there exists such prejudice in the collective mind of the community that a fair trial is impossible. It is well established that whether the defendant has made the requisite showing is a question addressed to the trial court's sound discretion. State v. Giovanni, 409 So.2d 593 (La.1982); State v. Braggs, 487 So.2d 488 (La.App.3d Cir.1986).

In State v. Bell, 315 So.2d 307 (La.1975), the Supreme Court set forth the following factors as being relevant in determining whether to change venue:

"(1) [T]he nature of pretrial publicity and the particular degree to which it has circulated in the community, (2) the connection of government officials with the release of the publicity, (3) the length of time between the dissemination of the publicity and the trial, (4) the severity and notoriety of the offense, (5) the area from which the jury is to be drawn, (6) other events occurring in the community which either affect or reflect the attitude of the community or individual jurors toward the defendant, and (7) any factors likely to affect the candor and veracity of the prospective jurors on voir dire." 315 So.2d at 311.

Six articles were published in the Jena Times over a five-month period reporting the robbery and the arrests and prosecutions of the suspects. The articles are brief, factual and objective. The last story was published approximately fourteen months before this trial. There is nothing in the articles themselves which might incite any prejudice against the defendant.

Counsel for the appellant concedes that it is not the nature of the publicity that caused the prejudice, but rather the reputation of the victim. Dr. Turnley has practiced medicine in Jena since 1958, and is one of only thirteen doctors practicing in LaSalle Parish. He has served as the coroner of that parish since 1960. He is undisputedly well known and respected by a large segment of the community. However, the appellant has not shown that there was such a collective prejudice in the community that it would deprive a defendant of a fair and impartial trial. The prospective jurors were questioned thoroughly during voir dire concerning their association with Dr. Turnley. The record reveals no hostility resulting from the robbery. In fact, the answers of the veniremen indicate nothing more than mere public knowledge of the facts, which is insufficient basis for a change of venue. State v. Braggs, supra.

We find no abuse by the trial judge in denying a change of venue.

CONFESSION OF JOHNNY RAY SMITH

Jenkins cites as error the denial of his motion to suppress the testimony of Johnny Ray Smith.

Smith was arrested in connection with the robbery and burglary of the Turnleys. After his arrest, Smith gave a statement to the LaSalle Parish Sheriff's Office implicating Jenkins in the crime. Subsequent to making the statement, Smith pleaded guilty to the charges and received a sixty-year sentence. After entering the guilty plea, Smith allegedly gave a statement to defense counsel indicating that Jenkins was not involved in the crime. In the week prior to the appellant's trial, the district attorney's office contacted Smith's defense attorney and agreed to join with Smith's attorney in an attempt to reduce Smith's sentence from sixty to twenty years, if Smith would agree to testify at the appellant's trial if he was called. Upon learning of the agreement between Smith and the State, Jenkins moved to suppress Smith's testimony on the ground that it was illegally obtained.

*194 The appellant argues that the State's action constitute a violation of the public bribery statute, LSA-R.S. 14:118:

"Public bribery is the giving or offering to give, directly or indirectly, anything of apparent present or prospective value to any of the following persons, with the intent to influence his conduct in relation to his position, employment, or duty:
* * * * * *
"(4) Witness or person about to be called as a witness, upon a trial or other proceeding before any court, board, or officer authorized to hear evidence or to take testimony."

The appellant argues that the State's offer was something of value which was intended to influence Smith's conduct or duty as a witness. He contends that the testimony should have been excluded.

The appellant admits that the district attorney is empowered to enter plea bargains with an accused. He apparently would not argue that a district attorney can offer leniency to an accused in exchange for testimony against a co-perpetrator, though this form of plea bargaining also would appear to be a violation of LSA-R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
508 So. 2d 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jenkins-lactapp-1987.