State v. Mason

59 So. 3d 419, 10 La.App. 5 Cir. 284, 2011 La. App. LEXIS 17, 2011 WL 102589
CourtLouisiana Court of Appeal
DecidedJanuary 11, 2011
DocketNo. 10-KA-284
StatusPublished
Cited by24 cases

This text of 59 So. 3d 419 (State v. Mason) 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. Mason, 59 So. 3d 419, 10 La.App. 5 Cir. 284, 2011 La. App. LEXIS 17, 2011 WL 102589 (La. Ct. App. 2011).

Opinion

CLARENCE E. McMANUS, Judge.

I ¡(Defendant, Rodney Mason, Jr., was convicted of one count of armed robbery in violation of LSA-R.S. 14:64 (count one), and one count of attempted armed robbery in violation of LSA-R.S. 14:27 and LSA-R.S. 14:64 (count two). After the denial of defendant’s motion for post-verdict judgment of, acquittal and/or new trial, he was sentenced to 55 years imprisonment with the Department of Corrections for his armed robbery conviction and to 50 years imprisonment for his attempted armed robbery conviction. His sentences were ordered to run concurrently with each other. The trial court also noted that the sentence would be without benefit of parole, probation, or suspension of sentence. Defendant’s appeal follows.

The facts adduced at trial proved that on July 6, 2006, Detective Will Stélly of the St. John the Baptist Parish Sheriffs Office responded to a call, which was received at approximately 9:24 p.m., that two subjects, one carrying a shotgun and the other carrying a handgun, robbed the Ole Tyme Saver on Carrollwood in |sLaPlace. Approximately $200.00 in cash was taken from the store’s cashier.

Deputy Jose Rel of the St. John the Baptist Parish Sheriffs Office had also responded to the call. When he arrived, he spoke with the cashier, Phuoc Pham. She advised him that two black males entered the store armed with a handgun and a shotgun. He was advised that both appeared to be wearing long-sleeve white shirts with some type of covering over their faces and heads. One of the suspects was wearing blue jean shorts and the other long pants. Deputy Rel reviewed surveillance videotapes from the store and determined that a white SUV had pulled up in front of the store, pulled off, and then returned. He stated that at first he thought the vehicle was an Expedition, but it was later determined to be an Explorer. He explained that the vehicle had a tannish or golden bottom and had chrome rims.

Once Detective Stelly arrived,' he reviewed the five surveillance videotapes and was able to observe a white Ford Explorer with chrome rims. As such, a bulletin of the vehicle’s description was dispatched. Detective Stelly knew, they were looking for three subjects. He testified that one videotape showed that the driver of the vehicle pulled up and got out. He then entered the store, looked around, and purchased beer. After returning to the vehi[423]*423cle, the driver then backed up, pulled up even with the door, and stopped for ■ a couple of seconds. Detective Stelly noticed in the tape that someone was seated behind the driver. The second videotape showed the vehicle pulling up. The vehicle was light-colored and the chrome rims could be observed in the vehicle’s reflection. The vehicle then went out of the camera’s view. Detective Stelly explained that by means of investigation, it was discovered that the vehicle was parked next door to the store. The videotape also showed the suspects exiting the store and running in the same direction. Detective Stelly explained that one robber could be seen in another |4videotape by the cash register, wearing a thermal-type long john shirt. The second armed suspect with the long-sleeve black shirt wrapped around his head was seen in another videotape. The customer who called 9-1-1 on his cell was seen in the final videotape.

While patrolling, Deputy Jared Vicknair of the St. John the Baptist Sheriff’s Office received the description of the vehicle involved in the robbery. He testified that based on the vehicle’s description, he “had good knowledge of who the subjects might be in the vehicle.” At 9:55 p.m., approximately 31 minutes after the robbery, a vehicle that matched the description of the vehicle involved in the robbery — a white Explorer with tan on its bottom — was located by Deputy Vicknair in Garyville. Deputy Vicknair got im front of the vehicle and another deputy got behind the vehicle. Deputy Vicknair activated his top lights and his take-down lights. When the deputy attempted to conduct a traffic stop, two suspects exited the backseat from the passenger side of the vehicle and fled into a wooded area. One of the suspects had a white shirt with blue jeans and the other was wearing a white shirt with blue .jean shorts. One of the subjects was observed carrying a shotgun. The driver of the vehicle was detained. Detective Stelly testified that the driver of the vehicle who was arrested was the same person that was seen on the videotape getting out of the vehicle and walking into the store prior to the robbery. A search of the area was conducted for the two other subjects. However, they were not located that evening. The vehicle was towed. •

On the following day, a search warrant for the vehicle was obtained and was executed. Crime Scene Investigator Kirt Tregre lifted ten latent fingerprints from various locations on the vehicle. Some fingerprints were lifted from the rear driver’s side door. Rebecca Alexander, an expert in latent fingerprint analysis, examined the ten latent fingerprints that were presented to her. She compared |Bthese fingerprints to defendant’s fingerprint card. Fingerprints from the exterior side of the back driver’s side door taken from the vehicle were identified as defendant’s fingerprints. The fingerprints matched defendant’s left ring finger. Ms. Alexander explained that no two fingerprints are alike.

Further, items of interest were recovered from inside of the vehicle on the back passenger seat: a white, long-sleeve, long john shirt; a short-sleeve dark blue t-shirt with white lettering on it; and a long-sleeve black pullover that was consistent with what one of the robbers used to conceal his identity. No firearms were found in the vehicle.

Detective Stelly testified that the white shirt that was recovered from the vehicle was consistent with the shirt seen in the videotape.' He stated that the blue short-sleeve shirt'that was recovered was consistent with the garment that was seen in the videotape that was wrapped around the cash register robber’s head. He testified that the black long-sleeve shirt was seen in a videotape as well.

[424]*424The testimony at trial does not reveal the details of how the other two suspects were arrested. However, Detective Stelly testified that there were three suspects and three arrests were made in this case. After defendant was arrested, a search warrant was obtained for his DNA. Two buccal swabs were taken and some of his hair was plucked. These were sent to' the Crime Lab for analysis. Alison Saadi, an expert in the field of DNA analysis, testified that she compared the reference DNA samples from defendant to DNA profiles obtained from the clothing evidence. She explained that State’s Exhibit 7, the Levi’s short-sleeve shirt was tested for DNA and there was a DNA mixture from two different people found on the shirt. Defendant could not be excluded as being the major contributor in this sample. Ms. Saadi explained that 96.5 percent of the population could be excluded as contributing this profile, but defendant could not be excluded. Further, La white long john shirt was swabbed and DNA was found that was consistent with defendant’s reference sample. Ms. Saadi explained that the probability of finding the exact DNA profile in the population other than defendant would be one in 1.64 trillion. She testified that the world’s population was only' approximately six billion.

Ms. Pham, an owner of the Old Tyme Saver and a victim who was robbed when working at the cash register, testified that on July 6, 2006, two men came into the store and one of them put a gun to her head and demanded money.

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Cite This Page — Counsel Stack

Bluebook (online)
59 So. 3d 419, 10 La.App. 5 Cir. 284, 2011 La. App. LEXIS 17, 2011 WL 102589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-lactapp-2011.