State v. Milton

469 So. 2d 309
CourtLouisiana Court of Appeal
DecidedMay 8, 1985
Docket16894-KA
StatusPublished
Cited by4 cases

This text of 469 So. 2d 309 (State v. Milton) 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. Milton, 469 So. 2d 309 (La. Ct. App. 1985).

Opinion

469 So.2d 309 (1985)

STATE of Louisiana, Appellee,
v.
Lugene MILTON, Appellant.

No. 16894-KA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1985.
Rehearing Denied June 7, 1985.

*310 Indigent Defender Office by Richard C. Goorley, Richard E. Hiller, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Carey T. Schimpf, Tommy J. Johnson, Asst. Dist. Attys., Shreveport, for appellee.

Before MARVIN, JASPER E. JONES and SEXTON, JJ.

SEXTON, Judge.

Defendant was charged by bill of information with simple burglary of an inhabited dwelling contrary to LSA-R.S. 14:62.2. On May 10, 1984, after trial by jury, the defendant was found guilty as charged. Subsequently, on May 14, 1984, the district attorney filed a habitual offender bill of information. Thereafter, the trial judge found the defendant to be a habitual offender, and on July 17, 1984 the defendant was sentenced to twenty-four years at hard labor, the maximum possible sentence under the habitual offender statute, LSA-R.S. 15:529.1. The defendant now appeals his conviction and sentence on the basis of eight assignments of error, four of which are abandoned. We affirm.

*311 Facts

On January 3, 1984, Bowen Stewart and his wife left their residence at 454 Gloria Street in Shreveport to go to work around 8:00 a.m. Mr. Stewart returned to his house around 9:15 a.m. When Mr. Stewart drove up into his carport and opened his door, he heard sort of a "clinking noise." After Mr. Stewart heard the clinking noise, he noticed that his back gate was slightly ajar. Mr. Stewart proceeded into the back yard, thinking that the clinking noise had been caused by utility company employees. However, Mr. Stewart did not go completely into the back yard and turned around and walked back to his carport. Mr. Stewart then heard a "kind of rattling noise, you know, like the fence rattling." Mr. Stewart assumed that he had heard a cat and entered his house through the carport door.

When Mr. Stewart walked into his kitchen, he noticed that the back door to the house was open. Not only was the back door open, the locks on the door had been knocked off and wooden splinters from the door were on the floor. Upon further examination, Mr. Stewart noticed that many items in the house had been moved. Mr. Stewart left his house at this point because he realized that his house had been broken into and that the culprit could possibly still be inside. After waiting outside for a couple of minutes he went back inside the house, obtained his shotgun, and exited the premises again.

While outside the house, Mr. Stewart met his neighbor, Mr. George Tindall, coming down the street in a car. Mr. Tindall had noticed a strange looking brown Pontiac parked on the side of the road as he drove up to his house. Mr. Tindall noticed the car because he had never seen it in the neighborhood before. When Mr. Tindall pulled up to his house, Mr. Stewart notified him of the robbery. Afterwards, Mr. Stewart went into his house to call the police, and Mr. Tindall checked his house. When both men came back out of their houses, Mr. Tindall observed a man get into the brown Pontiac. When Mr. Tindall saw that the Pontiac was going to drive off, he decided to get its license number. Mr. Tindall got in his truck and followed the Pontiac until he could note the car's license number. Mr. Tindall then returned to his house and reported the Pontiac's license number to Mr. Stewart. Shortly thereafter, he observed another strange car parked on Gloria Street. He observed two men get into the second car and wrote down the license number of this car also.

Before the police arrived, Mr. Stewart returned inside his house and determined that a .22 caliber pistol with ammunition and a fraternity ring were missing.

Lieutenant Jerry G. Wood was the identification officer dispatched to the scene of the crime. Officer Wood examined the apparent point of entry into the residence for fingerprints. Officer Wood was able to obtain several "usable" prints from the back door of Mr. Stewart's house. However, none of the fingerprints taken by Officer Wood were ever linked to the defendant.

On the evening after the burglary, Mr. Stewart noticed two strange lawn rakes propped up against his house near his back patio, which were subsequently retrieved by the Shreveport Police Department. Detective George Smith, upon being assigned to investigate the burglary of the Stewart residence, and was informed of the license number of the strange brown Pontiac which had been observed just after the burglary. Detective Smith determined that the license number given to him by Mr. Tindall was assigned to a brown Pontiac registered in the defendant's name.

The Shreveport Police Department detectives decided to place the defendant under surveillance. The defendant's car was found parked in an apartment complex parking lot on the morning of January 4, 1984. Between 1:00 p.m. and 2:00 p.m., the defendant was observed to get into his car and begin to drive off. However, he stopped in the apartment complex parking lot near a red truck from which he obtained a yard rake. After placing the rake in the *312 backseat of his car, the defendant exited the parking lot.

Shortly thereafter, the defendant's car was located by other surveillance officers who observed that the defendant had secured a passenger. The defendant proceeded to the Cross Lake Boulevard area of Shreveport, where the vehicle drove through the neighborhood at an extremely slow rate of speed. The defendant's vehicle then returned back towards the apartment complex parking lot.

In the meantime, Detective C.A. Lewis, while checking through records routinely filed with Shreveport Police Department by local pawn shops, noticed that a pawn ticket filed by the Gold Mart, located at 433 Kings Highway, listed a fraternity ring which had been pawned by the defendant around noontime on January 3, 1984. Detective Lewis proceeded to the Gold Mart, and contacted the proprietor of the establishment. The proprietor gave Detective Lewis the ring, and Detective Lewis notified the detectives involved in the surveillance operation. Mr. Stewart identified the ring recovered from the pawn shop as the ring that was taken from his house on January 3, 1984.

Upon receiving the information discovered by Detective Lewis, Detectives Ashley and Lindsey decided to place the defendant under arrest. At the time this decision was made, the defendant was driving away from a convenience store parking lot with three passengers. Detective Lindsey, in an unmarked unit, stopped the defendant's vehicle and ordered all persons out of the car. At this point, the defendant bent over the front seat toward the right side of the car, "as if to bend down into the front floorboard area." Upon Detective Lindsey's second command, the defendant exited the vehicle and was placed under arrest. His vehicle was towed to an impoundment lot.

Detective Ashley and Sergeant Patti Morgan searched the defendant's car after it had been impounded. Sergeant Morgan seized a lawn rake from the back of the defendant's car. She also seized several.22 caliber bullets which had been scattered on the car's floor around the driver's seat. Finally, Sergeant Morgan also seized a .22 caliber pistol, which was discovered under the passenger's seat along with a pair of suede gloves.

On January 5th, the defendant gave a voluntary statement to Detective Smith in the conference room of the Shreveport jail.

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Related

State v. Hunt
573 So. 2d 585 (Louisiana Court of Appeal, 1991)
State v. Collins
521 So. 2d 846 (Louisiana Court of Appeal, 1988)
State v. Milton
475 So. 2d 778 (Supreme Court of Louisiana, 1985)

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Bluebook (online)
469 So. 2d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-milton-lactapp-1985.