State v. Jeselink

799 So. 2d 684, 2001 WL 1335874
CourtLouisiana Court of Appeal
DecidedOctober 31, 2001
Docket35,189-KA
StatusPublished
Cited by21 cases

This text of 799 So. 2d 684 (State v. Jeselink) 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. Jeselink, 799 So. 2d 684, 2001 WL 1335874 (La. Ct. App. 2001).

Opinion

799 So.2d 684 (2001)

STATE of Louisiana, Appellee,
v.
Michael Sheppard JESELINK, Appellant.

No. 35,189-KA.

Court of Appeal of Louisiana, Second Circuit.

October 31, 2001.

*687 Amy C. Ellender, Baton Rouge, Counsel for Appellant.

Richard Ieyoub, Attorney General, William R. Coenen, Jr., District Attorney, Penny Douciere, Assistant District Attorney, Counsel for Appellee.

Before BROWN, GASKINS and CARAWAY, JJ.

CARAWAY, J.

Defendant was charged with aggravated burglary and armed robbery. The state tried defendant on the armed robbery charge. A jury found defendant guilty as charged, and the trial court sentenced him to 40 years at hard labor without benefits. Defendant appeals and assigns three errors. Finding no merit to defendant's assignments, we affirm.

Facts

On July 29, 1999, Michael Sheppard Jeselink ("Jeselink") and his son, Michael Shane Jeselink ("Shane"), forced their way into the home of a 78-year-old female victim. The two men gained entry into the home after Jeselink's 17-year-old girlfriend, Kelly Cordell ("Cordell"), tricked the victim into opening the door. Before entering the home, Jeselink severed the victim's telephone line and deflated the tires on her car.

After the perpetrators entered the victim's home, a struggle between Jeselink and the victim ensued and she was injured with a crowbar. Shane pointed an air pellet pistol at the victim, threatening her with it. Jeselink and Shane coerced the victim into divulging the combination to her bedroom safe, opened the safe, and took cash and collectible coins. They also took firearms, a flashlight and a cordless phone. Jeselink knew the safe existed because he had worked for the victim as a carpenter and painter. After completing the robbery, they left the victim lying on a bed, bound and bleeding from her injuries. Even though her car had been tampered with, she was nevertheless able to drive to her son's home to get medical assistance.

Jeselink was arrested on August 4, 1999. Although he denied any knowledge of the robbery initially, he later confessed. The state proceeded to trial in October, 2000. Jeselink was found guilty of armed robbery, in violation of La. R.S. 14:64,[1] and sentenced to 40 years at hard labor without the benefit of parole, probation or suspension of sentence. Jeselink's timely motion for reconsideration of sentence was denied.

On appeal, Jeselink urges three errors: (1) that the trial court erred in denying his motion to suppress a confession; (2) that the evidence used to convict him is insufficient to support the finding of guilt beyond a reasonable doubt, because there is no proof that he was armed with a dangerous weapon; and (3) that his 40 year sentence is excessive.

Discussion

Motion to Suppress Confession

During the trial proceedings, Jeselink filed a pro se motion to suppress his confession, arguing that his statement was not given freely and voluntarily. On appeal, the defense urges that Jeselink was told *688 that if he cooperated and confessed, he would receive lenient treatment and the same sentences as Shane and Cordell.

At a hearing on a motion to suppress a confession, the state bears the burden of proving beyond a reasonable doubt the free and voluntary nature of the confession. State v. Hills, 354 So.2d 186 (La.1977); State v. Rogers, 476 So.2d 942 (La.App. 2d Cir.1985); State v. Roddy, (La.App.2d Cir.4/7/00), 756 So.2d 1272, writ denied, XXXX-XXXX (La.5/11/01), 791 So.2d 1288. A trial court's findings following a free and voluntary hearing are entitled to great weight and will not be disturbed unless unsupported by the evidence. State v. Durr, 28,197 (La.App.2d Cir.6/26/96), 677 So.2d 596; State v. English, 582 So.2d 1358 (La.App. 2d Cir.), writ denied, 584 So.2d 1172 (La.1991).

Before a confession can be introduced into evidence, the state must affirmatively prove that it was not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La. R.S. 15:451; La.C.Cr.P. art. 703(D); State v. Roddy, supra. The state must also establish that an accused who makes a statement during custodial interrogation was first advised of his Miranda rights. State v. Walker, 28,577 (La.App.2d Cir.10/4/96), 681 So.2d 1023; State v. Roddy, supra.

In State v. Jackson, 381 So.2d 485 (La.1980) and State v. Morvant, 384 So.2d 765 (La.1980), the Louisiana supreme court stated the principles under which the admissibility of a confession must be judged. As a matter of federal constitutional law, any confession obtained by any direct or implied promises, however slight, or by the exertion of any improper influence, must be considered involuntary and inadmissible. Bram v. United States, 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed. 568 (1897); State v. Roddy, supra.

In Louisiana, the statutorily mandated test for voluntariness is not whether a confession was induced by improper external forces, but whether the confession was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. La. R.S. 15:451; State v. Roddy, supra.

The admissibility of a confession is a question for the trial court. Id. When determining admissibility, the trial court's conclusions on the credibility and weight of testimony relating to the voluntary nature of the confession will not be overturned on appeal unless not supported by the evidence. State v. Benoit, 440 So.2d 129 (La. 1983); State v. Dailey, 607 So.2d 904 (La. App. 2d Cir.1992), citing State v. Jackson, supra; State v. Roddy, supra. We place great weight upon the trial court's factual determinations because of its opportunity to observe witnesses and assess credibility. State v. Crews, 28,153 (La.App.2d Cir.5/8/96), 674 So.2d 1082; State v. Roddy, supra.

The only issues raised by Jeselink are his claims that he was promised leniency and a shorter sentence if he cooperated. However, the record does not support these claims. A careful review of Jeselink's statement and the interrogating officers' testimony indicates that no such promises were made so as to render Jeselink's confession involuntary.

The jurisprudence has repeatedly concluded that a remark by the police telling the defendant that the officer will "do what he can or things will go easier" will not negate the voluntary nature of the confession. State v. English, 582 So.2d 1358 (La.App. 2d Cir.), writ denied, 584 So.2d 1172 (La.1991); State v. Roddy, *689 supra. In State v. Matthews, 26,550 (La. App.2d Cir.12/21/94), 649 So.2d 1022, writ denied, 95-0435 (La.6/16/95), 655 So.2d 341, this court stated:

A confession obtained by direct or implied promises, however slight, or by the exertion of any improper influence must be considered involuntary and inadmissible. However, a mild exhortation to tell the truth, or a remark that if the defendant cooperates the officer will "do what he can" or "things will go easier," does not negate the voluntary nature of the confession. Further, informing a defendant that the district attorney will be advised of any cooperation is insufficient to overcome the free and voluntary nature of a confession. (Citations omitted).

State v. Roddy, supra at 1277. See also,

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