State v. Lee

482 So. 2d 194, 1986 La. App. LEXIS 5917
CourtLouisiana Court of Appeal
DecidedJanuary 15, 1986
DocketNo. KA-2444
StatusPublished
Cited by2 cases

This text of 482 So. 2d 194 (State v. Lee) 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. Lee, 482 So. 2d 194, 1986 La. App. LEXIS 5917 (La. Ct. App. 1986).

Opinion

ARMSTRONG, Judge.

Appellant, Arthur Lee, was charged with and convicted of a violation of LSA-R.S. 14:69, relative to the offense of receiving stolen things valued at $9,000. He was sentenced as a multiple offender to serve ten years at hard labor. On appeal, appellant argues that the Trial Court erred in denying his motion to suppress confession and in imposing an unconstitutionally severe sentence.

The record reflects that at approximately 8:00 a.m. on March 20, 1982, Officer John Bryson responded to a “traffic accident with injuries” call. Upon arriving at the scene of the accident, the officer observed a large white van marked “Tonti” rammed into a telephone pole. Another car was located in the intersection and was almost totally demolished. Appellant, Arthur Lee, was standing beside the van and was bleeding from a laceration on the rear part of his head. The officer asked Lee if he was driving the van and Lee responded “yes.” There was an indentation in the van’s windshield on the driver’s side. The officer checked the driver of the other vehicle for injuries. Finding none serious, the officer returned to aid the defendant who said that there was another person in the van. Defendant gave the keys to the van to the officer. The officer opened the rear of the van to look for another person but found no one. As the officer was inside the van, Lee began to walk away toward the crowd which had gathered following the accident. The officer spotted defendant, grabbed his arm and took him to the police vehicle. The defendant again asked about another person in the van. The officer’s suspicions were aroused.

At the scene, the driver of the other vehicle could not say with certainty who was driving the van, and Officer Bryson got conflicting information from two bystanders as to how many people had been in the van. Neither bystander testified at trial.

Officer Bryson knew the owner of the van to be Bob Tonti because he had worked for Tonti Management Corporation. The officer told Lee that Bob Tonti was going to be angry about the accident. When the Lee did not recognize the name, the officer’s suspicions were further aroused. At this point the officer arrested him for driving without a license, placed him in the rear seat of the police car, and gave him Miranda warnings from memory. The officer then attempted to check the license plate of the van to see if it had been reported as stolen, but these attempts failed as the police computers were down. The officer continued to talk to Lee, inquiring about the identity of the alleged other occupant of the van. Lee told the officer that one Brian Vincent had given him a ride. The van was impounded at the accident scene.

The officer then brought the appellant to Charity Hospital. While appellant’s injury was being medically treated, the officer [196]*196contacted an employee of Tonti Management Corporation and learned that the van and other things had been stolen from the home of Mr. and Mrs. Zainey Hall earlier that same morning. Bryson also made several phone calls trying to get more information about Brian Vincent, the individual Lee said had been driving the van. After learning that the van had been stolen in a burglary, the officer placed Lee under arrest for the present charge. At that time, the officer again gave Miranda warnings, this time by reading the rights from a card.

After the arrest at the hospital, the officer searched Lee’s pants’ pockets, finding an LSU pin and two gold chains, one with the initial “G”. A checkbook with the names Zainey and Gloria Hall was found on the dashboard of the van. Bryson testified that when he confronted Lee about these items, Lee did not know who the chains in his pocket or the LSU pin belonged to but claimed that he owned the chains around his neck.

At trial the defense stipulated that Tonti was the owner of the van, that it was worth $9,000.00 and that no one was given permission to remove the van from Mr. Hall’s home on the date of the incident.

Lee testified on his own behalf and related that he did not know how to drive, had no driver’s license and had not been driving the van. He denied giving the officer the keys to the van and claimed that they were in the ignition. Lee further testified that he had been given a ride in the van by Brian Vincent from whom he had purchased the jewelry that was found in his pocket.

In his first assignment of error, appellant argues that the Trial Court erred in denying his motion to suppress all of the statements he made after Officer Bryson had entered the van to search for a second occupant. He further asserts that the Trial Court should have suppressed all evidence derived from said statements.

LSA-R.S. 15:451 provides:

Before what purposes to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.

Under the provisions of LSA-R.S. 15:449:

The term “admission” is applied to those matters of fact which do not involve criminal intent; the term “confession” is applied only to an admission of guilt, not to an acknowledgement of facts merely tending to establish guilt.

In State v. Andrus, 250 La. 765, 199 So.2d 867 (1967) the Louisiana Supreme Court divided incriminating statements into the following three categories:

... The first is the confession properly speaking, a term which is applied only to an admission of guilt of the crime charged. The second is the admission which involves the existence of criminal intent. The third is the admission or acknowledgement of facts merely tending to establish guilt but not involving the existence of criminal intent.

199 So.2d at 880.

The rules governing the admissibility of confessions are applicable to admissions involving the existence of criminal intent or inculpatory fact. State v. McGraw, 366 So.2d 1278 (La.1978). The Trial Court’s determination of the admissibility of either a confession or admission will not be disturbed on review unless it is not supported by the evidence. State v. Nuccio, 454 So.2d 93 (La.1984). When reviewing the trial court’s determination of admissibility, the reviewing court may look to the totality of the evidence presented at the suppression hearing and at the trial itself. State v. Phillips, 444 So.2d 1196 (La.1984).

In the instant case it is clear that with the exception of Lee’s response of “who?” to Bryson’s reference to Bob Tonti, all of Lee’s statements made prior to his arrest at the hospital for the possession of stolen property were neither confessions nor admissions. Lee’s remarks were exculpatory in nature and were not rendered inculpatory merely by the fact that they [197]*197contradicted his initial admission that he had been driving the van.

With respect to Lee’s apparent lack of recognition of the name Bob Tonti, Lee’s response was not made as a result of questioning. Lee's response, moreover, came at the time when Officer Bryson was not investigating a particular crime but “was in the preliminary process of determining whether a crime had been committed.” State v. Mitchell, 437 So.2d 264, 266 (La. 1983). Under such circumstances, Officer Bryson was not required to give Lee his Miranda rights prior to talking to him about the owner of the van.

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Related

State v. Ramirez
154 So. 3d 636 (Louisiana Court of Appeal, 2014)
State v. Bueno
499 So. 2d 362 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
482 So. 2d 194, 1986 La. App. LEXIS 5917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lee-lactapp-1986.