State v. Joseph

463 So. 2d 1014
CourtLouisiana Court of Appeal
DecidedJanuary 30, 1985
DocketCR84-506
StatusPublished
Cited by5 cases

This text of 463 So. 2d 1014 (State v. Joseph) 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. Joseph, 463 So. 2d 1014 (La. Ct. App. 1985).

Opinion

463 So.2d 1014 (1985)

STATE of Louisiana
v.
Joe JOSEPH.

No. CR84-506.

Court of Appeal of Louisiana, Third Circuit.

January 30, 1985.
Writ Denied April 1, 1985.

*1016 John P. Navarre, Oakdale, for defendant-appellant.

Alfred R. Ryder, Dist. Atty., John A. Duck, Asst. Dist. Atty., Oakdale, for plaintiff-appellee.

Before DOMENGEAUX, STOKER and KING, JJ.

DOMENGEAUX, Judge.

Defendant, Joe Joseph, was charged with the crime of armed robbery, a violation of La. R.S. 14:64. He was found guilty as charged by a unanimous jury and sentenced to serve 75 years at hard labor without benefit of probation, parole, or suspension of sentence. Defendant now perfects this appeal from his conviction and sentence alleging 10 assignments of error.

FACTS

On December 19, 1982, Joe Joseph and Arthur Bradley were parked in a truck outside of a game room in Oakdale, La. Around 8:30 P. M. three men in a brown car drove up next to them. Joseph got out of the truck and walked over to the brown car to talk to the three men. One of these men asked Joseph if he had any marijuana to sell. Joseph informed the man that he had none but could obtain some. The defendant then asked Janice Miles to go into the game room to purchase some cigarettes. When she returned from making the purchase, she saw the brown car driving away with Joseph in the back seat. According to Ms. Miles, Arthur Bradley then came up and asked her to drive him to a park on Ballard Road. She further stated that Bradley informed her that he was going to rob the three men in the brown car who had left with Joseph.

Ms. Miles dropped Bradley off two blocks from the park. At this point Bradley took a gun from under the seat of the automobile and asked Ms. Miles to return and pick him up in five minutes. By that *1017 time Joseph and the three men had already arrived at the park, and one of the men and Joseph had gotten out of the car. As Bradley walked up the street, the man who had gotten out of the car re-entered the vehicle. Joseph alleged that he "stood back" as Bradley approached the car. Joseph further claimed that Bradley approached the three men in the car and asked them if they had any money. It was Joseph's testimony that at this point Bradley stated that he was going to rob the three men. Joseph also claims that as one of the men began to hand Bradley something, Bradley shot all three men.

When Janice Miles returned to the park as she had been instructed to, she saw bodies hanging out of the brown car. She left to return to the game room and on her way she picked up Joseph. These two later picked up Bradley as he was running towards his house. According to Ms. Miles, Bradley was holding two wallets, had a pistol in his back pocket, and had blood on his legs.

The group eventually arrived at Emily Calhoun's house. There Bradley and Joseph entered the bathroom and Bradley washed out blood from his hands and emptied the wallets.

Later that night the brown car and the bodies which had no identification were found by the police. Several days later, two wallets were found in some nearby woods with the identification cards of the two dead men.

ASSIGNMENT OF ERROR NO. 1:

The defendant contends that the trial court erred in that the verdict is contrary to the law and evidence because the State's case was based on circumstantial evidence which did not exclude every reasonable hypothesis of innocence. The standard of review for a circumstantial evidence case was outlined in State v. Austin, 399 So.2d 158 (La.1981), as follows:

"... [W]hen we review a conviction based upon circumstantial evidence we must determine that, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have concluded beyond a reasonable doubt that every reasonable hypothesis of innocence had been excluded."

This defendant was charged with being a principal to armed robbery, a violation of La. R.S. 14:64, which provides:

"A. Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.
B. Whoever commits the crime of armed robbery shall be imprisoned at hard labor for not less than five years and for not more than 99 years, without benefit of parole, probation, or suspension of sentence."

A principal is defined in La.R.S. 14:24 as follows:

"All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals."

The circumstantial evidence presented supports the conclusion that the defendant was a principal in the armed robbery. The defendant took an active role in the commission of the offense. Both Bradley and the defendant had contact with the men before the incident. The defendant and the victims drove to a secluded area at which Bradley later arrived. Unless the defendant had told him, Bradley would not have known that the group was driving to the park. Further, both men ran from the scene. After the defendant was picked up by Janice Miles, instead of reporting the incident as would an innocent bystander, Joseph drove to Bradley's house and picked him up as he was running from the scene of the crime. The men then discussed the wallets taken from the victims.

Expanding upon his first assignment of error in a supplemental brief the defendant argues that he should have been convicted of the lesser crime of simple robbery, inasmuch *1018 as he was not armed with a dangerous weapon. In support of his argument, defendant cites State v. Smith, 450 So.2d 714 (La.App. 4th Cir.1984), in which one robber who wielded a hammer found in the store was found guilty of armed robbery, whereas the other robber who made a motion with his hand in his jacket was found guilty of simple robbery.

The case before us, however, can be distinguished from State v. Smith. In State v. Smith, the robbers entered the store without any weapons and, thus, initially intended to commit simple robbery. Neither of the robbers knew of the hammer's existence until one robber spotted it in the store and decided to use it. In the case before us, however, Bradley took the gun to the park, the scene of the robbery, and did not merely find it there. Joseph drove the three victims to the park where he was met by Bradley.

It should further be noted that State v. Dominick, 354 So.2d 1316 (La.1978), holds that where the defendant was charged as a principle on the theory of aiding and abetting, he need not have personally held a weapon to be guilty of armed robbery. Therefore in the case sub judice, Joseph was guilty of armed robbery by aiding and abetting Bradley even though he did not actually hold the gun.

The inference of the jury that the defendant was a principal was reasonably based on the defendant's actions both prior to and subsequent to the robbery. The evidence presented did tend to exclude all innocent explanations of the defendant's actions. This assignment of error, therefore, has no merit.

ASSIGNMENT OF ERROR NO. 2:

The defendant contends that the trial court erred in allowing statements he made to be admitted into evidence.

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Related

State v. Richardson
779 So. 2d 771 (Louisiana Court of Appeal, 2000)
Foy v. Donnelly
959 F.2d 1307 (Fifth Circuit, 1992)
State v. Joseph
466 So. 2d 471 (Supreme Court of Louisiana, 1985)
State v. Wiggins
465 So. 2d 271 (Louisiana Court of Appeal, 1985)

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463 So. 2d 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joseph-lactapp-1985.