State v. Joseph

215 So. 3d 301, 16 La.App. 3 Cir. 763, 2017 WL 914616, 2017 La. App. LEXIS 387
CourtLouisiana Court of Appeal
DecidedMarch 8, 2017
Docket16-763
StatusPublished

This text of 215 So. 3d 301 (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, 215 So. 3d 301, 16 La.App. 3 Cir. 763, 2017 WL 914616, 2017 La. App. LEXIS 387 (La. Ct. App. 2017).

Opinions

GREMILLION, Judge.

| defendant, Rickey Joseph, appeals his convictions and sentences for simple burglary, a violation of La.R.S. 14:62; theft, $500.00 or more but less than $1,500.00, a violation of La.R.S. 14:67(B)(2), amended by 2014 La. Acts No. 255, § 1; and simple criminal damage to property less than $500.00, a violation of La.R.S. 14:56(B)(1). For the reasons that follow, we affirm Defendant’s convictions, vacate his sentences, and remand to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

In the wee hours of March 20, 2014, a burglar gained entry to K’s Kuts Barber Shop in Ville Platte, Louisiana, by removing a window-mounted air conditioning unit. Security camera footage depicted Defendant as the burglar. Once inside, Defendant stole several items, valued at approximately $1,200.00. Defendant also caused minor damage to the window frame when he forced entry into the premises.

Defendant was charged with the above offenses by bill of information filed on May 12, 2014. The original bill of information simply alleged that Defendant violated La. R.S. 14:56, so it was amended on the date of trial, March 22, 2016, to allege that the criminal damage to property was less than $500,00 and to correct the name of the owner of the K’s Kuts building. Defendant’s objection to this amendment was overruled.

During jury selection, the State sought to backstrike prospective juror Mary Ann Fontenot, an African American. The defense stated it needed to “discuss the issues of [the State] striking all the African American people.” Before the trial court fully responded, the prosecutor stated he would be glad to address the issue, which was allowed by the court. The State offered the following explanation:

[303]*303|2Your Honor first of all the first peremptory exception that was used by the State was Ms. Tamyra Wallace. Uh... during the voir dire I pointed out to Ms. Nicole Gill that she had her eyes closed. I’d like to say she was sleeping but I cannot tell you she was sleeping. I can tell you she just kept her eyes closed multiple times. We took note of that. Our second back strike was Ms. Sybil Fontenot who is a white female who we made a challenge for cause that was denied. Our third back strike was James Anthony Lavergne. We will note that the defense in voir dire elicited the fact that he had hearing issues and that is one of the primary reasons that he was used as a peremptory exception. The fourth back strike was a white female named Chasity Guillory and I’ll give you our explanation if you’d like which is she seemed a little gun hoe [sic] and maybe a little too aggressive from a standpoint of just a six person jury but to,. .to reiterate we struck a black, a white, a black, a white. So we, you know, we don’t control the makeup of the veni-re and... and so we were being equal there. Our fifth strike was in fact Ms. Mary Ann Fontenot and very frankly uh... to articulate why we struck is.. .is basically just one of those feelings, you know, after looking at her and judging her. Uh.. .you know she mentioned she knew Chateuse James but I can’t in good conscious tell you that that’s the reason we used the perempt. We very simply used the perempt on her because we.. .it’s just one of those things we didn’t uh.. .we didn’t think she’d serve the State’s best interest.
The court responded:
And... and uh... your response you can do it now or we can... we can put it on the record later. I’m gonna reserve that right but ... but uh.., based on the explanation of the District Attorney’s Office the Court does not see any pattern and/or cause but you can.. ./all can put that on the record when the jur/s not there.

The matter ended at this point, and the parties continued with jury selection, and a six-person jury and an alternate were selected.

The trial court allowed the State to offer the testimonies of Defendant’s brother, Mr. Stacy Joseph, and his sister-in-law, Mrs. Sheila Joseph, despite the State not identifying them as potential witnesses.

The following colloquy was had regarding the addition of the two witnesses prior to opening statements:

[DEFENSE COUNSEL]:
Your Honor uh.. .we’ve been notified that several witnesses may be called today that we were unaware of. Our discovery does not mention several of the witnesses that the prosecution wants to bring ^forward. We feel that that is urifair and they should be excluded. We have not had time to talk to these witnesses, investigate these witnesses. We have no idea what they’re going to say. So we’re objecting to that Your Honor.
[THE COURT]:
Okay. I’m gonna let the State respond .... They gonna tell the Court when.. .when /all filed /all discovery and when they answered the discovery and all that information and uh... any law that either party has....
[THE STATE]:
Your Honor in this matter at least two of these witnesses, Sheila Joseph and Stacy Joseph, we only recently came to know uh... that they knew anything about this. So it wasn’t uh... a long period of time, we didn’t keep it from them. We.. .they are here and we’re just talking to them now. It’s mainly identifica[304]*304tion is uh.. .what they’re going to testify to.
[THE COURT]:
Well a couple of things and let me tell you what, I’m...the Court is gonna... can withhold hearing to allow you, the defense attorneys, to provide me any case law and the State and then what we.. .what they can do, we gonna do openings anyway and that’ll take probably a half hour each or whatever it’s gonna take on either party. The Court’s not trying to stop it but the Court will take...will take that argument about the witnesses under advisement till the State will have an opportunity to answer that and then I will rule but it’s my understanding uh... Mr. West and Ms. Alicia Kelly that uh... once the... once the discovery was answered and provided and I’m sure they have that. They can say when they were... y’all filed the discovery and when y’all answered ’em. I don’t think there’s, unless y’all show me some law or some case where there is any necessity for the District Attorney to provide their.. .their witnesses or the identity of their witnesses uh.. .uh.. .that they gonna call. I think that., .that as stated and ... this as to the identity and I think that’s the whole crux of the case is.. .is having the State, if they can, prove beyond a reasonable doubt that it was this gentleman that.. .that committed those crimes and part of that is an identity but if you have some law or some cases....
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[THE COURT!:
Okay. Alright. So what we gonna do is I’ll withhold uh... my ruling on that but that’s.. .unless y’all can present me with something the Court is going to allow those witnesses and uh.... We have | ¿openings and I’m sure they can start with their witnesses that may not be in controversy... .and then we can go from there ....

We also note that neither when Stacy Joseph testified regarding Defendant’s statement to him, nor when the statement was referenced by the State in its closing argument, did the defense object.

After deliberating, the jury unanimously convicted Defendant as stated above.

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Cite This Page — Counsel Stack

Bluebook (online)
215 So. 3d 301, 16 La.App. 3 Cir. 763, 2017 WL 914616, 2017 La. App. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joseph-lactapp-2017.