State v. Lambert

475 So. 2d 791
CourtLouisiana Court of Appeal
DecidedAugust 22, 1985
DocketCR84-1108, 1109
StatusPublished
Cited by20 cases

This text of 475 So. 2d 791 (State v. Lambert) 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. Lambert, 475 So. 2d 791 (La. Ct. App. 1985).

Opinion

475 So.2d 791 (1985)

STATE of Louisiana, Plaintiff-Appellee,
v.
Junius LAMBERT, Defendant-Appellant.

Nos. CR84-1108, 1109.

Court of Appeal of Louisiana, Third Circuit.

August 22, 1985.
Rehearing Denied September 16, 1985.

*793 Gerald J. Block, Lafayette, for defendant-appellant.

Robin Rhodes, Asst. Dist. Atty., Lafayette, for plaintiff-appellee.

Before STOKER, LABORDE and YELVERTON, JJ.

YELVERTON, Judge.

Junius Lambert, convicted by a jury of nine counts of illegal possession of stolen things in violation of La.R.S. 14:69, and sentenced to a total of 40 years, partly as a multiple offender under La.R.S. 15:529.1, appeals both the conviction and the sentence, arguing 16 assignments of error. We find no merit to any assignment, and we affirm.

FACTS

On September 28, 1983, Officer Myers observed the defendant walking through a parking lot of the Hilton Hotel in Lafayette and examining the interiors of vehicles. When the defendant got to an Oldsmobile Cutlass, in which was seated Melba Martin, the officer approached him and asked for a driver's license and registration of the vehicle, neither of which the defendant was able to provide. The officer patted down the defendant and found keys to Room 440 in the Holiday Inn. The officer allowed the defendant and Melba Martin to leave on foot since defendant did not have a driver's license. The officer then contacted the Lafayette Police Department and learned that the Cutlass was stolen. He called another officer, Hundley, who found stolen items in the Holiday Inn room which the defendant had obtained with a non-valid credit card. Officer Hundley then arrested the defendant.

The following stolen items which, along with the car, formed the basis of the bill of information, were found in the car and the hotel room:

(1) Olympus Camera
(2) Wallet
(3) Drivers License
(4) Guaranty Bank 24 Card
(5) Visa-Bank Americard
(6) Commercial Energy Bank Card
(7) FNB Mastercard
(8) Visa Credit Card, Firm's Card Hayes, Fazzio & Durio
(9) Handgun
(10) Hunting Knife
(11) Leather Coat

We will discuss the 16 assignments of error by grouping them generally into those pertaining to the convictions, and those pertaining to the sentence. We begin our discussion with Assignment No. 15.

THE CONVICTION ASSIGNMENTS OF ERROR

Assignment of Error No. 15

This assignment presents a Jackson v. Virginia sufficiency of proof argument.

Illegal possession of stolen items is defined as follows:

"Illegal possession of stolen things is the intentional possessing, procuring, receiving, or concealing of anything of value which has been the subject of any robbery or theft, under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of one of these offenses." La.R.S. 14:69(A)

According to Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), a conviction must be based on proof sufficient for a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find that the essential elements of the charge have been proved beyond a reasonable doubt. In a case such as this one which, according to the defendant, involves solely circumstantial evidence, the evidence must exclude every reasonable hypothesis of innocence. La.R.S. 15:438; State v. Chism, 436 So.2d 464 (La. 1983). The record reveals that every reasonable hypothesis of innocence was excluded.

A handgun, a knife and a coat were taken from Paul Fitch's car and found in *794 the car defendant was driving. Several credit cards, none of which were issued in the defendant's name, were also found in the car. A camera, which Stephen McGoffin testified had been taken from his car, was found in the hotel room. The car, a 1981 Cutlass Oldsmobile, was itself stolen from Donna Barbin. All of the stolen items were found under the defendant's control or possession: those that were not in the car were found in the hotel room in which he was staying.

The circumstances indicate that the defendant knew the items were stolen: the credit cards were not issued in his name; the handgun had someone else's name engraved on it; and the original owners of the items stated that they did not give the defendant the authority to be in possession of the items.

Defendant also contends, again arguing Jackson v. Virginia, that the values of certain items were not proven. Mr. McGoffin testified that he had paid $185 for the camera and $115 for the lens. The jury found the value of the entire unit to be $300. Mr. McGoffin's wallet had cost him $40, the same value the jury placed on it. The jury found the value of the driver's license to be $12, the amount Mr. McGoffin paid for a replacement. Paul Fitch testified that he paid $150 for the leather jacket, which was valued at $125 by the jury. He paid $185 for the hunting knife. The jury set the value at that amount. Donna Barbin testified that the insurance company paid her $11,500 for the stolen car. The jury valued the car at $11,500. The issue of the values of the credit cards and the handgun will be found discussed later in this opinion under Assignments of Error Nos. 4 and 5.

This assignment of error lacks merit.

Assignments of Error Nos. 2 and 4

In these assignments of error the defendant alleges that the trial court erred in not sustaining defendant's hearsay objections as to the values of the two Visa credit cards and the handgun.

Stephen McGoffin, whose Visa-Bank Americard was stolen, testified that if the card was stolen and used he would be responsible for the first $50 until the card was cancelled. He also testified that five dollars was the amount paid for the replacement of the card. From McGoffin there was also stolen a Visa Card in the name of the law firm of Hayes, Fazzio and Durio. He testified that the renewal for the card was $15 and the replacement value five dollars.

Paul Fitch testified that the value of the stolen gun he had to replace was $469.

The defendant now argues that the above victims' comments on the value of the stolen items were hearsay and should not have been admitted. We do not agree. In State v. Square, 433 So.2d 104 (La.1983), the court stated that an auditor's testimony concerning the result of an audit determining the amount of a loss related a fact within his personal knowledge and, thus, was not inadmissible hearsay. In the same fashion McGoffin's testimony concerning the liability as to the credit cards and Fitch's testimony as to the amount he had to pay to replace the gun were all within the witnesses' personal knowledge and, thus, admissible.

In situations in which the defendant has objected to the owner's testifying as to the value of the goods on the grounds that the owner was not an expert rather than on the grounds that the testimony was hearsay, it has been held:

"Unless it is shown the owner lacks knowledge of the value of a movable, his testimony as to value is generally admissible, with its weight being left to the jury...."

State v. McCray, 305 So.2d 433 (La.1974). These assignments of error lack merit.

Assignments of Error Nos. 3 and 5

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Bluebook (online)
475 So. 2d 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lambert-lactapp-1985.