State v. McQuarter

788 So. 2d 1266, 2001 La. App. LEXIS 1690, 2001 WL 670016
CourtLouisiana Court of Appeal
DecidedJune 6, 2001
DocketNo. 2000-KA-1553
StatusPublished
Cited by5 cases

This text of 788 So. 2d 1266 (State v. McQuarter) 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. McQuarter, 788 So. 2d 1266, 2001 La. App. LEXIS 1690, 2001 WL 670016 (La. Ct. App. 2001).

Opinion

|, KIRBY, Judge.

STATEMENT OF CASE

Alfred McQuarter was charged by dual bill of information on May 13, 1998. In count one, he was charged with attempted second degree murder, and in count two, with second degree kidnapping, violations of La. R.S. 14:(27) 30.1 and 14:44.1, respectively. Following a jury trial on May 3, 1999, the defendant was convicted of attempted manslaughter and second degree kidnapping. He was sentenced to twenty years, with benefit of parole, probation and suspension of sentence, with credit for time served for attempted manslaughter, and to twenty-five years, with two of those years without benefit of parole, probation or suspension of sentence for second degree kidnapping, sentences to run concurrently. That same day, the State filed a multiple bill, charging the defendant as a third felony offender. On July 21, 2000, the court adjudicated the defendant a second offender. The court vacated his sentence on the second degree kidnapping conviction, and re-sentenced him to twenty-five years, two of those years without benefit of probation, parole or suspension of sentence, sentence to run concurrently with his sentence on the attempted manslaughter conviction.

I .STATEMENT OF FACT

Irma Green, NOPD 911 operator, identified the tape recording of the April 3,1998, emergency call reporting the victim’s injuries.

On April 3, 1998, at approximately 2:30 p.m., Officer Edwin A. Dueote, Jr., responded to a 911 call from the Pizza Hut on Old Gentilly Road. When he arrived at the scene, he interviewed the victim, Marlene Walker, who supplied the suspect’s name, physical description, a description of the suspect’s vehicle, and told the officer that the suspect was armed. The officer followed the victim to the hospital to obtain more information, but due to her severe injuries, the victim was unable to respond to further questioning. He later learned that the suspect was arrested, and drove to the scene of the arrest. When he arrived, he observed that the defendant [1268]*1268and his wrecked vehicle matched the descriptions supplied by the victim.

Ms. Cynthia Mitchell, a Mend of both the victim and the defendant, accompanied the victim on April 3, 1998, to look for the victim’s car. They located the car at “Unk’s” house, and observed the defendant removing the vehicle’s tires. At that point, Ms. Mitchell rode home with another friend. As Ms. Mitchell left, the victim begged her not to go. She saw the victim the next day, severely injured, extensively bruised, and bandaged.

The victim testified that she and the defendant were romantically involved several years ago, and have a ten-year-old daughter. Over the ensuing years, they have remained friends and supportive of one another. On the morning of the incident, the defendant told the victim he had made arrangements with “Freddie” at the service station to repair brakes on her car in exchange for rock cocaine. The defendant took the victim’s car, and left his vehicle for her use that day. Later in|athe morning, she learned her car was at “Unk’s crack house”. After several unsuccessful attempts to locate her car, she and her friend, Cynthia Mitchell, found the defendant working on her car at “Unk’s” house. The defendant had removed the tires and stereo equipment from her vehicle. The victim and defendant engaged in a brief discussion about the condition of her vehicle. The defendant walked into “Unk’s” house, returned with a gun, and ordered the victim to get into his car. The victim complied, and as the defendant drove, he beat her on the head and threatened to kill her. At one point, the defendant stopped his car, and ordered her to get out. As she walked down the street, the defendant drove his car in front of her, jumped out, knocked her to the ground, and proceeded to beat and kick her. He threw her back into the car, and sped away. As the car entered the interstate highway entrance ramp, the defendant threw her from the car. She became tangled in her purse, which remained wedged in the car, causing her to be dragged along side the speeding vehicle, until she was able to release herself. As she lay on the roadside, the defendant backed up, attempting to roll over her. She ran to a nearby Pizza Hut, where she asked the personnel to the lock the door and call the police. An ambulance transported her to Charity Hospital for treatment. She remained in the hospital for a few hours. Her injuries have left her body extensively scarred. After his arrest, the defendant told her that if she did not drop the charges, he would have her killed.

On the afternoon of April 3, 1998, Larry Jones witnessed the defendant hit the victim, knock her to the ground, kick her, and then force her into his vehicle.

Ms. Hilda McQuarter, the defendant’s mother, testified that the victim called her about the incident, and said she did not want to proceed, but the District Attorney would not allow her to drop the charges. The victim asked that either Ms. biMcQuarter or her daughter accompany her to drop the charges. Ms. McQuarter made arrangements for her daughter to accompany the victim, but the victim never dropped the charges.

The defendant’s sister, Ms. Sherry Hawkins, testified that the victim and defendant have a daughter. When Ms. Hawkins spoke to the victim after the incident, the victim told her about the car repairs performed by the defendant. As the victim related the incident, she told Ms. Hawkins that the defendant was very agitated that day, and was speeding. The victim said she voluntarily got out of the defendant’s car because he was driving too fast.

Mr. Leon Gilbert, a/k/a “Unk”, testified that he and the defendant are long time friends. He refuted the victim’s assertions [1269]*1269that his house was a “crack house”. On April 3, 1998, the defendant asked permission to work on the victim’s car at Mr. Gilbert’s house. Although the defendant removed the tires to repair the brakes, he did not remove stereo equipment from the car. The victim and the defendant left the house together, with the victim at the wheel. The defendant did not show any hostility toward the victim, nor did he threaten her with a gun.

ERRORS PATENT

A review for errors patent on the face of the record reveals none.

ASSIGNMENT OF ERROR NUMBER 1

In his first assignment, the defendant claims the trial court erred in allowing the State to introduce the 911 tape and NOPD complaint history of this incident, thereby prejudicing him. The defendant maintains that the evidence is irrelevant | ¡¡hearsay, that he was not provided copies through discovery, and that he was denied his right to cross-examine the caller on the tape.

Prior to trial, defense counsel objected to use of the evidence, complaining: DEFENSE COUNSEL:

... the other discovery we just received this morning was we were informed that there’s a 911 tape. Actually, there are two phone calls made from the Pizza Hut. And apparently, according to the prosecutor, the victim is heard in the background crying while somebody calls 911. Now, we’ve only had chance to listen to that one time. It really doesn’t give me sufficient opportunity to prepare for the introduction of that evidence, because I don’t have the time to properly evaluate it and its significance in the case and its admissibility in the case. I object to its admissibility...

The State responded:

_the issue of the 911 tape.

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Bluebook (online)
788 So. 2d 1266, 2001 La. App. LEXIS 1690, 2001 WL 670016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcquarter-lactapp-2001.