State v. MacCracken

845 So. 2d 1104, 2002 La.App. 5 Cir. 1163, 2003 La. App. LEXIS 1215, 2003 WL 1969363
CourtLouisiana Court of Appeal
DecidedApril 29, 2003
DocketNo. 02-KA-1163
StatusPublished
Cited by3 cases

This text of 845 So. 2d 1104 (State v. MacCracken) 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. MacCracken, 845 So. 2d 1104, 2002 La.App. 5 Cir. 1163, 2003 La. App. LEXIS 1215, 2003 WL 1969363 (La. Ct. App. 2003).

Opinion

|,THOMAS F. DALEY, Judge.

Defendant Timothy P. MacCracken appeals his conviction of one count of illegal possession of stolen things valued at over $500.00 in violation of LSA-R.S. 14:69 and [1107]*1107five counts of purse snatching in violation of LSA-R.S. 14:65.1. We affirm.

On appeal, defendant makes six Assignments of Error:

1. The trial court was clearly wrong or manifestly erroneous when it denied the defense’s motion to declare defendant incompetent to proceed at trial.
2. The trial court was clearly wrong or manifestly erroneous when it failed to suppress the evidence on the basis that defendant’s arrest was illegally obtained.
3. The trial court was clearly wrong or manifestly erroneous when it did not allow defense counsel to withdraw.
4. The trial court was clearly wrong or manifestly erroneous when it failed to recuse the Jefferson Parish District Attorney’s office.
5. The trial court was clearly wrong or manifestly erroneous when it failed to suppress defendant’s confession.
6. The trial court was clearly wrong or manifestly erroneous when it failed to suppress the identification of the defendant.

J¿PROCEDURAL HISTORY

On August 7, 2001, the Jefferson Parish District Attorney’s Office filed a Bill of Information charging defendant, Timothy MacCracken, with one count of illegal possession of stolen things valued at over $500.00 in violation of LSA-R.S. 14:69 and five counts of purse snatching in violation of LSA-R.S. 14:65.1. On August 8, 2001, defendant was arraigned on the charges and pled not guilty. On January 15, 2002, defendant’s previously filed Motion to Re-cuse the Jefferson Parish District Attorney’s Office from prosecuting his case was heard and denied. Defendant thereafter applied to this Court for a Supervisory Writ seeking review of the trial court’s ruling on the Motion to Recuse the Jefferson Parish District Attorney’s Office. The writ was denied. On February 7, 2002, defendant filed a Motion to Appoint a Sanity Commission. On April 3, 2002, a competency hearing was held and defendant was ruled competent to stand trial. On June 13, 2002, defendant’s previously filed motions to suppress evidence, identification, and statements were heard and denied. On June 17, 2002, defense counsel’s Motion to Withdraw, defendant’s Motion to Continue and Motion to Suppress Evidence were heard and denied.

On June 18, 2002, the day of trial, defendant withdrew his former plea of not guilty and entered a plea of guilty to one count of possession of stolen things valued at $500.00 or greater and five counts of purse snatching. Defendant’s guilty plea was made under the provisions of North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) and State v. Crosby, 338 So.2d 584 (La.1976). Defendant was sentenced to ten years at hard labor for possession of stolen things and twenty years at hard labor on each count of purse snatching. The sentences were ordered to run concurrently with one another and any other sentences.

l4The State thereafter filed a multiple offender Bill of Information alleging defendant to be a second felony offender. Defendant entered an admission to the allegations contained in the multiple offender ■bill and was found to be a second felony offender. The trial court vacated the previous sentence and imposed a sentence of twenty years at hard labor without benefit of probation or suspension of sentence to run concurrently with any other sentence.1 [1108]*1108On June 21, 2002, defendant filed a timely Motion for Appeal.

FACTS

Because the defendant pled guilty, the fact narrative was taken from testimony given at various suppression hearings. Lisa McClendon, a deputy with the Jefferson Parish Sheriffs Office, testified that, on June 16, 2001, she was on patrol when she recognized the license plate on a vehicle parked at the E-Z Serve at Transcontinental as belonging to a vehicle that had been reported stolen. Deputy McClendon noticed four individuals inside of the vehicle. Deputy McClendon ordered the occupants out of the car at which time defendant and another individual, Mark Cambre, exited the vehicle. Deputy McClendon then ordered defendant and Cambre to walk to the back of the stolen vehicle and to lie on the ground. After defendant and Cambre were lying on the ground, the vehicle from which they had exited sped off. Deputy McClendon remained with defendant and Cambre and placed them under arrest for possession of stolen things and transported them to the Jefferson Parish Detective Bureau.

Sergeant Scott Fontaine of the Jefferson Parish Sheriffs Office Robbery Division testified that he was assigned to investigate a series of robberies that occurred in Jefferson Parish. As a result of his investigation, Sergeant Fontaine had been able to identify defendant as a suspect in connection with the robberies. | R On June 16, 2001, Sergeant Fontaine, after advising defendant of his constitutional rights and-obtaining a written waiver of those rights, obtained a statement from defendant detailing his involvement in four purse snatchings. Sergeant Fontaine testified that, during the course of his interview of defendant, defendant turned over to him numerous credit cards containing the names of victims of the purse snatchings. Sergeant Fontaine also testified that pursuant to his investigation, he was able to present a photographic lineup to one victim who positively identified defendant as the perpetrator.

Detective John Carroll of the Jefferson Parish Sheriffs Office testified that, after obtaining a signed waiver of defendant’s constitutional rights, he obtained a statement from defendant concerning another purse snatching. In the statement, defendant indicated his involvement in the robbery of an elderly gentleman that occurred on June 18, 2001.

Detective Sergeant Joseph Picone of the Jefferson Parish Sheriffs Office testified that, as part of his investigation of the robberies, he presented a photographic lineup to two Wal-Mart cashiers who witnessed one of the robberies. The witnesses, after individually being shown the photographic lineup, both positively identified defendant.

ASSIGNMENTS OF ERROR NUMBER ONE

The trial court was clearly wrong or manifestly erroneous when it denied the defense’s motion to declare defendant incompetent to proceed at trial.

Louisiana law provides that “[mjental incapacity to proceed exists when, as a result of mental disease or defect, a defendant presently lacks the capacity to understand the proceedings against him or to assist in his defense.” LSA-C.Cr.P. art. 641.

|fiIn the lead case on mental capacity, State v. Bennett, 345 So.2d 1129 (La.1977) on reh’g, 345 So.2d 1129, 1138 (La.1977), the Louisiana Supreme Court discussed factors to be considered in determining whether the accused is aware of the nature of the proceedings against him and his ability to assist in his defense:

[1109]

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Bluebook (online)
845 So. 2d 1104, 2002 La.App. 5 Cir. 1163, 2003 La. App. LEXIS 1215, 2003 WL 1969363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maccracken-lactapp-2003.