State v. Milton

751 So. 2d 440, 2000 La. App. LEXIS 103, 2000 WL 111915
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2000
DocketNo. 32,735-KA
StatusPublished
Cited by2 cases

This text of 751 So. 2d 440 (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, 751 So. 2d 440, 2000 La. App. LEXIS 103, 2000 WL 111915 (La. Ct. App. 2000).

Opinion

hDREW, J.

Following a jury trial at which the defendant, Corinthians Milton, was convicted of attempted second degree murder and armed robbery, the defendant was billed as a second felony offender and convicted of same. The trial court sentenced defendant to 100 years at hard labor without the benefit of parole, probation, or suspension of sentence on the armed robbery conviction (the conviction used to enhance the second felony offender bill) and sentenced him to 50 years at hard labor without the benefit of parole, probation or suspension of sentence on the attempted second degree murder conviction. On appeal, the defendant asserted that the evidence was insufficient to support his convictions, that the sentences were excessive, that the trial court erred in denying his motion for reconsideration and that the trial court failed to adequately comply with La.C.Cr.P. art. 894.Í. For the following reasons, the convictions and sentences are affirmed.

TESTIMONY AND PROCEDURAL BACKGROUND

State’s Case in Chief

Gregory Lampkin

The victim, Gregory Lampkin, testified that he returned to his home at 1502 Martha Street in the Stoner Hill area at approximately 12:30 a.m. on March 16, 1998. After going inside and taking a bath, he then decided to go back out to the store. When he returned home approximately ten minutes later, he decided to park his pickup truck in his garage. While going to open the garage, he saw the defendant coming up the alleyway next to his home. He had lights shining outside of his house, was able to see defendant’s face, and recognized him from the neighborhood as “Bad Face.” On previous occasions, Lamp-kin had spoken to defendant and had asked him not to hang around on the street by Lampkin’s house.

LWhen Lampkin opened his garage door, the defendant approached him and placed a gun, described as a chrome silver, nickel-plated revolver, at the victim’s side. Defendant demanded money and Lampkin promptly gave approximately $11-$12 to the defendant. “Bad Face” told Lampkin that he believed he had more money. When Lampkin denied that he had more money, the defendant put his gun to Lampkin’s head and walked him to his truck where he instructed Lampkin to look through his glove compartment for more money. Lampkin did so, but again told the defendant that he had no more money. “Bad Face” then placed the gun to Lamp-kin’s head and walked him from the garage to the alleyway/yard of Lampkin’s home.

Because the defendant became agitated, Lampkin feared that the defendant was getting ready to shoot him. When Lamp-kin knocked the gun away, the defendant turned, faced Lampkin and started to raise the gun. Lampkin knocked the gun away again and the defendant shot Lampkin in [443]*443the thumb. The defendant went around Lampkin and shot him a second time, this time in the arm. This bullet broke Lamp-kin’s humerus bone. As Lampkin fell to the ground, the defendant shot him a third time. This bullet entered Lampkin’s side, perforating his large intestine, small intestine, and bladder.

The defendant ran away and Lampkin began to call to his girlfriend, Ella Bryant, who was inside his home. She came to the door but was too afraid to come outside because she feared that the defendant was still in the vicinity. Lampkin told her to call 911, which she did. When the police arrived, Lampkin was able to tell the paramedics that he saw the defendant’s face and that he knew the individual only as “Bad Face.” After the defendant was transported to the hospital, he underwent surgery and nearly died. However, after he was somewhat recovered, he identified the shooter out of a photographic line-up and was also |sable to later identify him in open court. The attack took place between 2:15-3:00 a.m, according to Lamp-kin.

Ella Bryant

Ella Bryant testified she was at Lamp-kin’s home on the night of the robbery and shooting. She initially heard Lampkin come into the house at approximately midnight. She awoke again at 2:00 a.m. and noticed that Lampkin was not in bed with her. A short while later, she heard gunshots outside of the house. Bryant heard Lampkin calling her name from outside of the house. When she looked outside, she did not see him immediately. She called 911 first, then went outside and saw Lampkin lying in the garage on the ground. Lampkin told her that a man named “Bad Face” shot him. Bryant also heard Lampkin tell this to the paramedics. Bryant was certain that all of these events took place after 2:00 a.m.

Wayne Black

Wayne Black testified that he received a phone call from someone at 2:30 a.m. with the news that Lampkin had been shot. When asked if he personally knew “Bad Face,” Black testified that he did not.

Cornell White

Cornell White knew both the defendant and the victim. He learned that Lampkin was telling the police that “Bad Face” shot him. White testified that the defendant was known by this nickname. White was able to identify the defendant as “Bad Face” for both the police before trial and for the jury during trial.

Joseph A. Dews

Shreveport Policeman Joseph A. Dews was dispatched to the shooting scene and arrived between 2:00-3:00 a.m. Dews went to the small alleyway located next to the residence and saw a small pick-up truck parked there. There Lwas also a gate that opened parallel to the alleyway. He looked into the open garage door and saw Lampkin lying on his left side in a pool of blood between the garage and the fence. His head was toward the garage and his feet toward the fence.

In response to Dews’ questions, Lamp-kin responded that he had just come home. As he was parking the truck, a black male approached him and demanded money from him. Specifically, Lampkin told Dews that the defendant produced a gun and said “Give me some of your money.” When asked if he knew the defendant’s name, Lampkin told Dews he did not but stated that he recognized him because the defendant hung out near the Easy Street Church. Lampkin described the defendant as a black male, five foot eleven, weighing approximately one hundred and fifty pounds with a rough texture to his skin. Lampkin also told Dews that his friend Cornell White knew the defendant’s name and knew what he looked like. However, Dews was not able to locate White at the time to ascertain the defendant’s name.

Amy Chrietzbery

A crime scene investigator with the Shreveport Police Department, Amy [444]*444Chrietzberg, was dispatched to the crime scene at 3:07 a.m. When she arrived, she learned from responding officers that the victim had been shot in the alleyway next to his home and that the truck and other evidence related to the crime were in the alleyway. Lampkin had already been transported to LSU Medical Center. Chrietzberg took the photographs labeled S2-S15. Chrietzberg also found four shells from a .380 caliber gun in the alleyway. A fifth shell was located later.

Richard Thigpen

Shreveport Police Detective Richard Thigpen stated he was called out to investigate this crime at 3:00 a.m. After briefly viewing the crime scene, Thigpen | Bwent to LSUMC to attempt to interview the victim. When he arrived at LSUMC, Officer Dews gave him the name of a possible suspect, Antoine Desmond. Thigpen subsequently learned that Desmond had been incarcerated since January 28, 1998, and was incarcerated on the date of the instant crime.

At approximately 8:00 a.m.

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Related

State v. Turner
850 So. 2d 811 (Louisiana Court of Appeal, 2003)
State v. Musgrove
774 So. 2d 1155 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
751 So. 2d 440, 2000 La. App. LEXIS 103, 2000 WL 111915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-milton-lactapp-2000.