State v. Ledee

900 So. 2d 246, 2005 La. App. LEXIS 868, 2005 WL 767158
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
DocketNo. 2004-1128
StatusPublished

This text of 900 So. 2d 246 (State v. Ledee) 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. Ledee, 900 So. 2d 246, 2005 La. App. LEXIS 868, 2005 WL 767158 (La. Ct. App. 2005).

Opinion

h COOKS, Judge.

On appeal, Defendant contends the trial court erred in failing to suppress his confession. For the following reasons, we affirm with instructions.

FACTS

While armed with a gun, the Defendant, Darrel G. Ledee a/k/a Shane Allen Henry, allegedly robbed an employee of BJ’s Pizza on October 13, 2001 and an employee of Papa John’s Pizza on October 19, 2001.

Defendant was charged by bill of information with two counts of armed robbery, in violation of La.R.S. 14:64, and two counts of aggravated kidnapping, in violation of La.R.S. 14:44. Defendant entered a plea of not guilty. A Motion to Suppress Confession was filed and subsequently denied after a hearing. Defendant entered a Crosby plea to two counts of armed robbery and the State dismissed the two counts of aggravated kidnapping. By entering a Crosby plea, Defendant reserved his right to appeal the denial of his Motion to Suppress Confession. In accordance with the State’s recommendation, Defendant was sentenced on each count to twenty years at hard labor without benefit of probation, parole or suspension of sentence, each count to run concurrently. On appeal, Defendant asserts the trial court erred in failing to suppress his confession.

ASSIGNMENTS OF ERROR

In the brief filed by Defendants’ counsel, he contends the trial court erred in failing to suppress his confession. He specifically argues Defendant requested an attorney during his interview with police and that the police promised to go to the District Attorney in order to secure him a twenty-year sentence, with ten years suspended, and drug rehabilitation. In Defendant’s pro se brief, in assignments of error, one, two, three, and four, he contends the -trial court erred in failing to suppress |2his confession, that he was denied his right to a fair trial, that false statements were made to him concerning the denial of his constitutional rights, and that his rights were violated.

As a general matter, before a confession may be admitted into evidence, the State has the burden of affirmatively showing it was made freely and voluntarily, and not under the influence of fear, duress, intimidation, menace, threats, inducements, or promises. LA. REV.STAT. ANN. § 15:451; State v. West, 408 So.2d 1302, 1307 (La.1982); State v. Dewey, 408 So.2d 1255, 1258 (La.1982). Furthermore, if the statement was made during custodial interrogation, the State must show the defendant was advised of (and waived) his constitutional rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); State v. Petterway, 403 So.2d 1157, 1159 (La.1981); State v. Sonnier, 379 So.2d 1336, 1355 (La.1979). Once a suspect in custody expresses a desire, at any stage in the process, to deal with the police only through counsel, all questioning must cease and the accused may not be subject to further interrogation until counsel has been made available to him, unless he initiates further communication,- exchanges or conversation with the police, and validly waives his earlier request for counsel. Edwards v. Arizona, 451 U.S. 477, 484-85[, 101 S.Ct. 1880, 68 L.Ed.2d 378] (1981); Miranda, 384 U.S. at 440-45[, 86 S.Ct. 1602],

State v. Manning, 03-1982, p. 14 (La.10/19/04), 885 So.2d 1044, 1066-67. “A trial judge’s -ruling on whether or not a [248]*248statement is voluntary is given great weight and will not be disturbed on appeal unless' clearly unsupported by the evidence. State v. Thornton, 351 So.2d 480, 484 (La.1977).” State v. Vinge, 01-2940, p. 6 (La.6/21/02), 820 So.2d 533, 537.

Chief Kendal Gibson, a former detective for the Lafayette Police Department, traveled to St. Landry Parish to interview the Defendant on November 5, 2001. Chief Gibson' testified, before interviewing Defendant, he completed the advice of rights form and read it to Defendant. According to Chief Gibson, Defendant signed the form in his presence and at no time did Defendant communicate that he did not understand his rights or did not want to talk. Chief Gibson further testified Defendant did not ask for an attorney nor seek to terminate the interview. Additionally, when- asked if he was under the influence of any drugs or medication, Defendant indicated |3he was not. Chief Gibson also related he made Ho promises to Defendant, but noted the Defendant did inquire about assistance with his drug problem. Chief Gibson acknowledged that he informed Defendant he would make the District Attorney’s Office aware of his cooperation in the investigation.

The following exchange occurred during cross-examination regarding Defendant’s alleged request for an attorney:

Q Okay. During the course of talking about that and your investigation and whether he’d be willing to give a statement and talking to him about his rights, did Mr. Ledee ever make any statement to you about or inquire with you as to whether he should get an attorney?
A I don’t recall. But when someone asks, me if they have — if they want an attorney, the interview stops right there. I don’t proceed with an interview.
Q That’s your standard procedure in all criminal matters?
A If someone tells me they want an attorney, I do not begin asking questions until that attorney’s been contacted or until they’ve had an opportunity to speak.
Q Well, what if they don’t tell you I want an attorney. What if they just say: I wonder if I should get an attorney, or do you think I should get an •attorney? How do you handle that?
A I can’t recall in this incident if I was asked that. But I can tell you if someone has asked me that before, I’ve told them it’s their decision to make if they want an attorney present while this .questioning is going on.
Q Okay. And do you recall if Darrel Ledee made any such statements or inquiries in this case?
A No, sir. I don’t recall it, and I would not have proceeded if he would have asked for an attorney.

Chief Gibson also testified he did not recall telling Defendant that he would try to help him if he gave a statement or that he discussed sentencing with Defendant. The following exchange occurred regarding sentencing and assistance from the District Attorney’s Office:

Q Okay. And more specifically do you recall telling him that you|4would try to,, for lack of a better term, lobby with the DA for a sentence of twenty years with ten suspended and drug rehabilitation — • A First of all, sir, I don’t have a position to be able to make that kind of a deal with him.
Secondly, the only thing I recall about the DA was that I — at the end of our statement was that I would advise them that he did cooperate with the investigation.
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[249]*249Q Okay. Getting back to my specific question, did you indicate to Darrel Le-dee that you would do that, that you would put in a good word for him with the DA and recommend to the DA, for lack of a better term, or lobby to the DA for a sentence of twenty years with ten suspended and drug rehabilitation?

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Edwards v. Arizona
451 U.S. 477 (Supreme Court, 1981)
State v. Thornton
351 So. 2d 480 (Supreme Court of Louisiana, 1977)
State v. Petterway
403 So. 2d 1157 (Supreme Court of Louisiana, 1981)
State v. Sonnier
379 So. 2d 1336 (Supreme Court of Louisiana, 1980)
State v. Manning
885 So. 2d 1044 (Supreme Court of Louisiana, 2004)
State v. Vigne
820 So. 2d 533 (Supreme Court of Louisiana, 2002)
State v. West
408 So. 2d 1302 (Supreme Court of Louisiana, 1982)
State v. Dewey
408 So. 2d 1255 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
900 So. 2d 246, 2005 La. App. LEXIS 868, 2005 WL 767158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ledee-lactapp-2005.