State v. Long

830 So. 2d 552, 2002 WL 31421911
CourtLouisiana Court of Appeal
DecidedOctober 30, 2002
Docket36,167-KA
StatusPublished
Cited by13 cases

This text of 830 So. 2d 552 (State v. Long) 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. Long, 830 So. 2d 552, 2002 WL 31421911 (La. Ct. App. 2002).

Opinion

830 So.2d 552 (2002)

STATE of Louisiana, Appellee
v.
Santez LONG, Appellant.

No. 36,167-KA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 2002.

*553 Peggy J. Sullivan, Monroe, for Appellant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, George D. Ross, Assistant District Attorney, for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

WILLIAMS, J.

The defendant, Santez Long, was charged by bill of information with one count of armed robbery, a violation of LSA-R.S. 14:64. After a jury trial, the defendant was convicted as charged. He was sentenced to serve eight years at hard labor without the benefit of probation, parole or suspension of sentence. The defendant now appeals. He challenges the sufficiency of the evidence presented at trial and the excessiveness of the sentence imposed. For the following reasons, we affirm.

FACTS

On April 28, 1999, at approximately 12:00 p.m., two men armed with guns walked into Moody's Lounge in Monroe, Louisiana. The men had "dollar-bill" bandanas covering their faces. They ordered everyone in the lounge to lay down on the *554 floor and they took a grey metal box containing approximately $175. Cherelyn Ross ("Ross"), who was the employee on duty at the time of the robbery, had taken a break to go to the restroom. When she did not hear the regular crowd noise from inside the restroom, she looked out of the restroom door. Ross saw everyone on the floor, and witnessed two men running out of the front door. She stated that she had seen the men in the lounge a short time before the robbery. Ross did not see their faces. After the men left, Ross called 911 and reported that two black males with dollar-bill bandanas had robbed the patrons of the lounge at gunpoint and taken a metal box containing money. Law enforcement officers arrived at the scene and recovered a bandana with a dollar-bill design from behind the building.

Sergeant Connie Miller of the Ouachita Parish Sheriff's Office was dispatched to the scene of the armed robbery. She was given a description of a red Jeep Eagle used by the suspects to leave the scene. At some time later that day, Sergeant Miller spotted and stopped a red Jeep Eagle occupied by three individuals, two of whom fit the description of the suspects. Lieutenant Jay Via of the Ouachita Parish Sheriff's Office secured the crime scene and then met Sergeant Miller at the location of the stopped vehicle. The two occupants of the vehicle who fit Ross' general description of the suspects, Elton Bonner ("Bonner") and John Armstrong ("Armstrong"), were arrested for armed robbery. The third occupant was released. Bonner and Armstrong were transported to the lounge. Ross identified them as the two men who had been in the lounge earlier that day and who were possibly involved with the robbery.[1] Bonner and Armstrong were then transported to the police station.

At the police station, Armstrong signed a waiver of his Miranda rights and gave a recorded statement. Armstrong denied his involvement in the robbery as a gunman. He stated that on the day of the robbery, he and Bonner picked up the defendant and an accomplice identified as "Keon" at the Oak Manor Apartments. The defendant told Armstrong to drop the defendant and Keon at Moody's Lounge, drive around the block and return to pick them up. The defendant promised Armstrong a sum of money if he complied with defendant's request. Bonner also gave a similar statement, implicating the defendant in the crime.

Shortly after Armstrong and Bonner made their statements, Lieutenant Via received a telephone call from a woman, who identified herself as Rachel Sims ("Sims"). Sims informed Lieutenant Via that Armstrong and Bonner were not the gunmen in the robbery. She stated that the defendant and Keon were the actual gunmen, and that she would assist the police in locating them. Lieutenant Via and Sergeant Danny Peeler met Sims at the Wossman High School. Sims informed the officers that the defendant and Keon were residing at the Oak Manor Apartments with a female named Sharon Jones ("Jones"). Sims agreed to lure the defendant to a nearby gas station so that he could be apprehended.

Sims brought the defendant to the gas station, exited the vehicle and went into the gas station. She signaled to the officers and identified the defendant. The defendant was arrested and immediately advised of his Miranda rights. The defendant *555 acknowledged his willingness to cooperate with the officers and told them where Keon lived. Sims led the officers to Jones' apartment. Jones gave her consent to search the apartment, and the officers located Keon. Additionally the officers recovered two firearms from the apartment—a Ruger .22 semi-automatic pistol and a Raven Arms .25 semi-automatic pistol.

At approximately 8:40 p.m., the defendant was interviewed at the sheriff's office by Lieutenant Via in the presence of Sergeant Danny Peeler. The defendant read his Miranda rights aloud and signed a waiver of rights form. His signature was witnessed by both Lieutenant Via and Sergeant Peeler. The defendant then indicated that he would give a recorded statement.

During his statement, the defendant related that he and Keon were in a red vehicle with Bonner and Armstrong before the crime. The defendant confessed that he armed himself with a Ruger .22 semi-automatic and entered Moody's lounge with Keon and committed an armed robbery. According to the defendant, he held his gun at his side during the armed robbery and told everyone to get down. The defendant then grabbed a gray metal box, and he and Keon left the building.

During the statement, the defendant identified the Ruger .22 semi-automatic pistol recovered by the police as the weapon he used during the commission of the armed robbery. He also identified the Raven Arms .25 semi-automatic pistol recovered by the police as the weapon Keon used during the robbery. The defendant identified the bandana with a dollar-bill design as the one he had worn during the robbery. He further identified sixty-four dollars as the money taken from his person after his arrest. The money recovered from the defendant's person, when added to the money recovered from Keon's person, totaled one dollar less than the total amount of money taken during the robbery.

During Keon's interview, he revealed that his name was actually Antonio Fernando Walker and that he was wanted for numerous armed robberies in the state of Alabama. He gave a statement with regard to the robbery at Moody's Lounge that was consistent with the statement made by the defendant.

Subsequently, the defendant was charged by bill of information with armed robbery. After a trial by jury, the defendant was convicted as charged. During sentencing, the trial court noted the receipt of the pre-sentence investigation report ("PSI"), input from the defendant's family and friends, and the factors set forth in LSA-C.Cr.P. art. 894.1. Specifically, the trial court noted that the defendant was a first felony offender with only one prior minor juvenile offense. It observed that the defendant was a high school dropout, who was not gainfully employed at the time of the offense. The trial court further noted that the defendant has maintained his innocence despite the jury's guilty verdict.[2]

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Cite This Page — Counsel Stack

Bluebook (online)
830 So. 2d 552, 2002 WL 31421911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-long-lactapp-2002.