State v. Morrison

542 So. 2d 582, 1989 La. App. LEXIS 630, 1989 WL 35337
CourtLouisiana Court of Appeal
DecidedApril 11, 1989
DocketNo. KA 88 1032
StatusPublished
Cited by1 cases

This text of 542 So. 2d 582 (State v. Morrison) 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. Morrison, 542 So. 2d 582, 1989 La. App. LEXIS 630, 1989 WL 35337 (La. Ct. App. 1989).

Opinion

ALFORD, Judge.

Bertrand Morrison was indicted by the West Feliciana Parish Grand Jury for armed robbery, a violation of La.R.S. 14:64. He was tried by a jury, which convicted him as charged. The trial court imposed a sentence of seventy-five years at hard labor, without benefit of probation, parole or suspension of sentence. Defendant appealed, urging three assignments of error, as follows:

1. The evidence is insufficient.

2. The trial court erred by overruling an objection to testimony by state witnesses.

3. The sentence is excessive.

FACTS

Defendant was charged with the armed robbery of George Davis, an elderly man who was a friend of defendant’s family. The victim was killed in the course of the robbery. His body was found in the bedroom of his home by friends concerned because they saw the front door of his home open during the night. The murder and robbery remained unsolved for several months; however, over a year later, defendant told a friend that he and several others had committed the offenses. Defendant, his sister (Bertha), Joseph Baker, and Michael Ravy were arrested. Bertha Morrison and Joseph Baker pled guilty to aggravated burglary. Michael Ravy was charged with the murder of the victim and was awaiting trial at the time defendant was tried.

SUFFICIENCY OF THE EVIDENCE

By assignment of error number one, defendant submits that the evidence is not [584]*584sufficient to sustain the verdict. He contends that the only testimony connecting him to the offense was that of Joseph Baker, which the jury should not have believed because his credibility was impeached during the trial.

Joseph Baker testified that he participated in a discussion with defendant, Bertha Morrison, and Michael Ravy approximately one week before the robbery, in which they discussed committing a robbery or burglary against George Davis. He related that, at that time, neither defendant nor his sister wanted to participate. However, on the night of the robbery, after the group had visited several bars, defendant suggested that they stop by the victim’s house. Baker further testified that defendant, who was driving, stopped the car near the house and told the others to get out of the car. After defendant drove a short distance down the highway, Michael Ravy knocked on the door and persuaded the victim to open it by claiming to be Willie Morrison, defendant’s cousin who was a close friend of the victim. Baker related that, although the participants had agreed that the victim would not be confronted if he were home at the time, Ravy drew a gun as soon as the victim opened the door and chased him into the house, firing the pistol. Baker claimed that he and Bertha Morrison stayed in the yard during the robbery; however, after being threatened by Ravy, he later entered the house and saw the victim lying on the floor on top of a pile of bloody cash.

Baker testified that, after the robbery, defendant returned to pick up the compatriots and drove them back to Bertha Morrison’s house. He related that, after he told defendant that the victim had been shot, defendant and Michael Ravy started to laugh. At the house, defendant and Ravy went into a back room and divided the money. Baker claimed that he and Bertha Morrison each received $450.00 for their participation. The state also presented the testimony of Sanders Nelson. Nelson testified that defendant told him he was involved in the murder of George Davis. Nelson related that defendant admitted to him that he, Bertha Morrison, Joe Baker, and Michael Ravy had robbed Davis of $6000.00, and that defendant’s participation had involved driving the others to the victim’s home and returning to pick them up. Nelson further related that defendant admitted that he had taken some of the cash from the robbery.

Defendant also testified at trial. He denied that he had discussed the robbery plan with the others. He claimed that, on the night of the robbery, he drove to his sister’s house to pick her up; however, Baker and Ravy also got into the car where “they brought up about going to do something.” Defendant testified that Baker “kept on asking me to drop them off somewhere but he never did say where and I told him no, me and my sister’s [sic] going out.” Defendant claimed he later agreed to give Baker and Ravy a ride in return for money for the gasoline. He testified that, when they were about sixty or seventy yards from the victim’s house, he heard Baker and Ravy “saying something, you know, but I just really stopped the car cause they was, I figured they was up to doing something wrong and I just stopped the car and told them to get out.” Defendant claimed he was surprised when his sister also got out of the car. He testified that, after he drove off, he began to worry about his sister; so he returned to the victim’s house. He saw his sister in the road, stopped to pick her up, and the others got into the car behind her. Defendant related that he could tell his sister was scared because of the expression on her face, so he did not say anything to Ravy and Baker when they also got into the car. Defendant admitted that, after they returned to Bertha Morrison’s house, Ravy gave him $400.00 for “gas money.” He claimed that he did not know the victim had been shot at the time.

Defendant argues that Baker’s testimony should not have been believed because, during cross-examination, he admitted that he had made a prior inconsistent statement. Defendant contends, therefore, that the jury's decision to believe Baker was not the action of a rational trier of fact.

This Court on appeal will not assess the credibility of witnesses or reweigh the evi[585]*585dence to overturn a factfinder’s determination of guilt. See State v. Matthews, 450 So.2d 644 (La.1984). The trier of fact can accept or reject, in whole or in part, the testimony of any witness. State v. Burge, 498 So.2d 196 (La.App. 1st Cir.1986). The jury was free to reject defendant’s explanation, which placed him innocently at the scene of the crime, and accept Baker’s testimony implicating him. Accordingly, this assignment of error has no merit.

ADMISSION OF TESTIMONY

By assignment of error number two, defendant submits the trial court erred by overruling his objections to testimony of two state witnesses, Drs. James A. Freeman and Alfred R. Gould. He contends that the court’s ruling permitted the state to introduce irrelevant, prejudicial testimony.

Dr. Freeman, a forensic pathologist, testified that he conducted an autopsy of the victim. He related that, during the autopsy, he discovered a gunshot wound in the upper left abdomen of the victim. He testified the shot transected the victim’s stomach and pancreas before hitting the vena cava, a major blood vessel. The state then asked Dr. Freeman if he had determined the cause of the victim’s death. Defendant objected to the question, arguing that the cause of death was irrelevant to a charge of armed robbery. The court overruled the objection; and the witness testified that the victim bled to death internally from the rupture of the vena cava.

Defendant contends the court’s ruling, permitting the introduction of irrelevant testimony concerning the cause of death, was prejudicial because it had the effect of inciting fear in the jury. He argues that, had this testimony been excluded, the impeachment of Joseph Baker would have had greater influence on the jury.

La.R.S.

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Bluebook (online)
542 So. 2d 582, 1989 La. App. LEXIS 630, 1989 WL 35337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morrison-lactapp-1989.