State v. Melton

456 So. 2d 192
CourtLouisiana Court of Appeal
DecidedAugust 31, 1984
DocketKA-1368
StatusPublished
Cited by13 cases

This text of 456 So. 2d 192 (State v. Melton) 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. Melton, 456 So. 2d 192 (La. Ct. App. 1984).

Opinion

456 So.2d 192 (1984)

STATE of Louisiana
v.
Thomas R. MELTON.

No. KA-1368.

Court of Appeal of Louisiana, Fourth Circuit.

August 31, 1984.

*194 Charles R. Jones, New Orleans, for appellant.

William Guste, Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry Connick, Dist. Atty., Joanne C. Marier, Asst. Dist. Atty., New Orleans, for appellee.

Before GULOTTA, BARRY and CIACCIO, JJ.

CIACCIO, Judge.

Defendant, Thomas R. Melton, Sr., was charged with the illegal and intentional procurement, receipt and concealment of a 1977 Ford pickup truck, with a value of forty-five hundred ($4500) dollars. R.S. 14:69. He was found guilty by a unanimous vote of a six-man jury and was sentenced, as a multiple offender, to serve twenty (20) years at hard labor in the Department of Corrections. R.S.15:529.1. The defendant appeals his conviction and sentence relying upon six (6) assignments of error. We affirm the defendant's conviction, vacate his sentence and remand the case for resentencing in accord with the dictates of this opinion.

On the evening of July 6, 1981, as a result of an anonymous tip, four police officers of the Fifth District in New Orleans were notified that there were two black male subjects in the area of Columbus and North Robertson Streets dismantling a vehicle. Officers Taggert and Cole approached the area in their police vehicle and drove midway into the driveway of the parking lot adjacent to the Crescent Arms Complex apartments. These officers observed Officers Matteo and McCord on the scene in their unmarked vehicle. Matteo and McCord cautioned the other officers not to move. At that time Melton and a co-defendant, Bobby Rocker, were observed removing a right side mirror from a 1977 black Ford pickup truck which was parked at an angle in the parking lot. The defendant, upon noticing the police officers, turned away and began to move hastily towards Columbus Street. The subjects were ordered to stop and Officer McCord conducted a pat down of Rocker whereupon a pliers and screwdriver were recovered. Officer Matteo checked the vehicle's license and ran a computer check to ascertain whether the vehicle was stolen. Upon being *195 advised that the vehicle belonged to Mason Haywood and that it had been reported as stolen on that day, Melton and Rocker were advised of their rights and placed under arrest.

As the policemen attempted to place the two defendants in the police car for transportation to police headquarters, Melton indicated that he wanted to step aside to talk to the arresting officers. Melton agreed to show the officers the location of the stolen property. He disclosed to them that Rocker had stolen the vehicle and then procured Melton's assistance in dismantling it. They removed five tires, a pump jack and assorted tools from the truck. They sold these items for $60.00 to an auto parts store which is located at Banks and South Miro Streets. The money was used to buy narcotics for use by the co-defendants. The property described by Melton was recovered from the auto parts store, photographed and taken to the owner. The owner was called to the scene of the crime where he identified his truck, reassembled the vehicle and removed it from the area.

Defendant Melton was transported to police headquarters where he was again advised of his rights, was given an arrestee's rights form and a written copy of his statement to sign.

Assignment of Error No. 1

The defendant objected and assigned error to the actions of the trial court in admitting his confession into evidence. The defendant contends that because he was under the influence of drugs that his statements were not the result of a free and voluntary waiver his constitutional rights.

The criteria for admissibility of confessions is set forth in Revised Statute 15:451, which provides:

R.S.15:451. Condition precedent to use of confession; free and voluntary rule Before what purposes to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menances, threats, inducements or promises.

Where the defendant's confession is made while he is in custody, in order for that confession to be admissible at trial there must be a showing that the accused was advised of his rights and that he made an intelligent waiver of those rights. State v. Benoit, 440 So.2d 129 (La.,1983) citing Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Thus, when intoxication renders a defendant incapable of understanding and knowingly waiving his rights, the confession shall be inadmissible. State v. Robinson, 384 So.2d 332 (La.,1980). Whether intoxication exists and is of a degree to vitiate the voluntariness of a confession are questions of fact. State v. Robinson, id.

Accordingly the determination by a trial court that a statement is free and voluntary is entitled to great weight and it will not be disturbed unless it is not supported by the evidence. State v. Benoit, supra.

In the instant case, although there is evidence that the defendant procured narcotics with the money received from the sale of the truck parts, there exists ample evidence that the defendant was advised of his Miranda rights, supra, and that he knowingly and voluntarily waived those rights.

That is, the defendant was advised of his constitutional rights at the time of his arrest and at police headquarters where he was given a written form to sign which informed him of these rights.

Officer Norman McCord testified that the defendant appeared "sober" and "conscious" at the time of the confession. Additionally, he testified that the defendant did not appear "high" at that time. The defendant appeared to understand what he was doing and he was not induced by promises, threatened, nor co-erced into making the confession. Since the evidence supports the trial judge's decision that the defendant's confession was free and voluntary, it was properly admitted into evidence. *196 For these reasons Assignment of Error No. 1 lacks merit.

Assignment of Error No. 2

The defendant by this assignment of error alleges that the trial court erred in refusing to grant the defendant a mistrial as a result of prejudicial remarks made by the prosecutor in closing argument.

The prosecutor argued that the defendant had a motive for the crime in that he was a "junkie" who used the money from the sale of the auto parts to pay for "T's and Blue's." He further argued that "things have to be taken, they have to be possessed, they have to be sold, money has to be gotten for them to pay for drug habits ... And all you have to do—all of ya'll are aware of the crime problem in this City—" The defendant objected and requested a mistrial. The mistrial was denied and the court instructed the jury on two occasions to disregard these remarks.

The scope of argument shall be confined to the evidence admitted, the lack of evidence, the conclusions of fact that the State or defendant may draw therefrom and the applicable law. C.Cr.P. Art. 774. The argument may not appeal to prejudice. C.Cr.P. Art. 774.

When the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant in the mind of the jury, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant of a fair trial. C.Cr.P. Art. 771.

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Bluebook (online)
456 So. 2d 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-melton-lactapp-1984.