State v. McNeal

765 So. 2d 1113, 2000 WL 768868
CourtLouisiana Court of Appeal
DecidedJune 14, 2000
Docket99-KA-1265
StatusPublished
Cited by9 cases

This text of 765 So. 2d 1113 (State v. McNeal) 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. McNeal, 765 So. 2d 1113, 2000 WL 768868 (La. Ct. App. 2000).

Opinion

765 So.2d 1113 (2000)

STATE of Louisiana
v.
Larry McNEAL.

No. 99-KA-1265.

Court of Appeal of Louisiana, Fourth Circuit.

June 14, 2000.

*1114 Harry F. Connick, District Attorney, Juliet Lee Clark, Assistant District Attorney, New Orleans, LA, Counsel for Plaintiff-Appellee.

Menette W. Burns, Louisiana Appellate Project, Covington, LA, Counsel for Defendant-Appellant.

(Court composed of Judge WILLIAM H. BYRNES, III, Judge MIRIAM G. WALTZER, Judge PHILIP C. CIACCIO, Pro Tem.)

BYRNES, Judge.

On November 21, 1995, the defendant, Larry McNeal, was charged with one count of armed robbery in violation of La. R.S. 14:64 and one count of possession of a *1115 firearm by a convicted felon in violation of La. R.S. 14:95.1.[1]

On September 10, 1996, the State severed the firearm possession charge from the armed robbery charge and proceeded to trial on the armed robbery charge. The defendant was found guilty as charged after a jury trial. On August 17, 1998, the State filed a multiple bill of information. The State then nolle prosequied the charge of possession of a firearm by a convicted felon.

The defendant filed a motion to quash the multiple bill which was denied by the trial court. The trial court thereafter adjudicated the defendant to be a second felony offender. On August 20, 1998, the trial court sentenced the defendant to serve one hundred thirty-three years at hard labor without benefit of probation, parole or suspension of sentence. The trial court denied defendant's motion to reconsider sentence on August 21, 1998. The defendant appealed.

STATEMENT OF FACT

On the evening of August 25, 1995, Donyette Williams went to the Casino Lounge with her friend, Shannon, and her sister-in-law, Deidra. They arrived at the lounge at approximately 11:30 p.m. Donyette's husband, Burnell Williams, arrived at the lounge at approximately 12:00 a.m. Donyette saw both Monty Howard and Larry McNeal at the lounge. She spoke with Howard for a short time. She knew both men from school. Howard saw Burnell arrive and told Donyette that Burnell was at the lounge. Howard asked Donyette if Burnell was interested in selling his van. Meanwhile, Shannon got into a fight with another woman. Donyette stopped the fight and decided to take Shannon home. Donyette, Deidra and Irvin Blaze took Shannon home. When Donyette left the lounge, she noticed that Howard and McNeal were standing outside the lounge. After Donyette took Shannon home, she, Deidra and Irvin returned to the lounge. As they approached the lounge, she saw Burnell running down the street towards them. Burnell got into her car and told her that he had been robbed. She then saw McNeal driving their van. They tried to follow the van but were unsuccessful. Donyette went to her mother's house and called the police. Burnell and some others continued to search for the van. About fifteen minutes later, Burnell arrived at Donyette's mother's house. They again called the police. When the police did not respond, Burnell went to the police station and made a report. Approximately an hour later, they learned the van was found in Monty Howard's backyard. When she saw the van, the entire dashboard had been torn up. The stereo and air conditioner had been ripped out.

Irvin Blaze testified that he went to the Casino Lounge with Burnell Williams in the early morning hours of August 26, 1995. The defendants, McNeal and Howard, were both at the lounge. While Blaze was at the lounge, two women began fighting. One of the women was a friend of Donyette Williams. When Donyette decided to take her friend home, he went with them. As Burnell's van was parked in front of Donyette's car, Burnell had to move the van so Donyette could leave. When they returned, they saw Burnell running up the street. Irvin, who was driving Donyette's car, stopped the car. Burnell got into the car and told them that he had been robbed. Irvin and Burnell then went looking for the van. The police were called. When the police did not respond, they went to the police station. The van was eventually found in Howard's backyard. The police arrived on the scene at approximately 6:00 a.m.

Burnell Williams testified that he went to the Casino Lounge with his cousin, Irvin Blaze, in the early morning hours of August 26, 1995. While they were at the *1116 lounge, two women began fighting. Donyette, Burnell's wife, told Burnell she was going to take one of her friends home. Burnell went outside to move his van so his wife could leave. After Donyette left, he went back to the lounge but it was closed. He saw a man, later identified as McNeal, standing near his van. Burnell and his brother-in-law, Eddie, walked to his van. Burnell saw Howard standing in the street near the van. He hit the alarm[2] on his van to open the doors. Eddie entered the passenger side of the vehicle. As he turned to enter the van, he heard someone say, "Let me get the keys out ya." Burnell turned around and saw McNeal holding a gun to his face. Burnell threw the car keys in the air and started running down the street. McNeal went for the keys. Burnell saw his wife returning to the lounge as he ran down the street. He got into the car and told his wife that he had been robbed. They followed the van for a short while but lost it. Donyette went to her mother's house and called the police. Burnell and Irvin continued looking for the van. When they couldn't find the van, they went to Donyette's mother's house. They called the police. When the police did not respond, Burnell went to the police station and reported the theft. Later, Burnell learned the van was found in Howard's backyard. When they found the van, the interior of the van was destroyed. The seats, stereo and air conditioner had been taken out and the dashboard was torn up. Burnell identified McNeal in a photographic lineup and at trial as the person who was armed with the gun.

Officer Wellington Beaulieu conducted the follow-up investigation of the armed robbery. He developed two suspects. The officer prepared two photographic lineups which he presented to Burnell Williams. Williams identified Howard and McNeal in the photographic lineups. Officer Beaulieu thereafter obtained arrest warrants for Howard and McNeal. The officer arrested McNeal at his residence on September 26, 1995. When the officers pulled up at McNeal's residence, there were four men on the front porch. The officers asked the four men to approach them. McNeal did not comply and walked towards the front door of the residence. Officer Norbert Carol apprehended McNeal. A Glock automatic gun with a shoulder holster was seized from McNeal after his arrest. The gun was retrieved from the front room of the house.

Officer Norbert Carol assisted in McNeal's arrest. When the officers approached McNeal at his residence, McNeal attempted to enter the residence. Officer Carol apprehended McNeal between the door and the door frame. When the officer detained the defendant, he observed a handgun and shoulder holster two feet away. The officer noted that the gun was loaded when it was seized.

ERRORS PATENT

A review of the record for errors patent reveals none.

DISCUSSION

ASSIGNMENT OF ERROR NUMBER 1

In his first assignment of error, the defendant contends that the evidence is insufficient to support the defendant's conviction for armed robbery.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ellis
190 So. 3d 354 (Louisiana Court of Appeal, 2016)
State v. Richardson
155 So. 3d 87 (Louisiana Court of Appeal, 2014)
State v. Simmons
126 So. 3d 692 (Louisiana Court of Appeal, 2013)
State v. Dunn
119 So. 3d 910 (Louisiana Court of Appeal, 2013)
State v. Falkins
880 So. 2d 903 (Louisiana Court of Appeal, 2004)
State v. Burks
843 So. 2d 444 (Louisiana Court of Appeal, 2003)
State v. Collins
826 So. 2d 598 (Louisiana Court of Appeal, 2002)
State v. Brealy
800 So. 2d 1116 (Louisiana Court of Appeal, 2001)
State v. Grimes
786 So. 2d 876 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
765 So. 2d 1113, 2000 WL 768868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcneal-lactapp-2000.