State v. Narcisse

791 So. 2d 149, 2001 WL 765473
CourtLouisiana Court of Appeal
DecidedJune 27, 2001
Docket01-KA-49
StatusPublished
Cited by17 cases

This text of 791 So. 2d 149 (State v. Narcisse) 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. Narcisse, 791 So. 2d 149, 2001 WL 765473 (La. Ct. App. 2001).

Opinion

791 So.2d 149 (2001)

STATE of Louisiana
v.
Tharon L. NARCISSE.

No. 01-KA-49.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2001.

*151 Donald A. Sauviac, Jr., Metairie, for Defendant/Appellant, Tharon L. Narcisse.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Alison Wallis[*], Appellate Counsel, Greg Kennedy, Trial Counsel, Assistant District Attorneys, Gretna, for Plaintiff/Appellee, The State of Louisiana.

Panel composed of THOMAS F. DALEY, MARION F. EDWARDS and SUSAN M. CHEHARDY.

CHEHARDY, Judge.

STATEMENT OF THE CASE

Defendant, Tharon L. Narcisse, was charged by bill of information with simple burglary of an inhabited dwelling, a violation of La. R.S. 14:62.2, being a felon in possession of a firearm (Count 2), a violation of La. R.S. 14:95.1, and possession with intent to distribute marijuana (Count 3), a violation of La. R.S. 40:966(A). Defendant was arraigned and plead not guilty. The bill was later amended to add a second count of being felon in possession of a firearm (Count 4).

Thereafter, defendant filed a motion to suppress the evidence, which was heard by the trial court on May 1, 2000, and denied on May 2, 2000. Defendant subsequently withdrew his not guilty plea and, pursuant to State v. Crosby, 338 So.2d 584 (La.1976), plead guilty to simple burglary and the remaining three counts as charged, reserving his right to appeal the denial of his motion to suppress. Defendant was sentenced to ten years each on Counts 1, 2 and 3, which were to run concurrently. The trial court did not impose a sentence on Count 4. Defendant now appeals the trial court's denial of his motion to suppress the evidence.

FACTS

On October 13, 1999, at approximately 8:30 a.m., Deputy Michael Burgess responded to a burglary complaint. Damyra Lonzo advised Deputy Burgess that her apartment had just been burglarized by two men. The victim stated that the men were in a brown car around the corner from her apartment. She identified the men as "Boo," later identified as defendant, and "Tom," later identified as Travis Edgerson. The victim rode with Deputy Burgess in his police unit until they spotted the brown car near an apartment complex.

Deputy Joe Ragas arrived as backup. The deputies began knocking on apartment doors. As Deputy Burgess knocked on one apartment door, defendant came out of another apartment several doors down and stated that no one was in the apartment. Deputy Burgess asked defendant if he knew who owned the brown car and defendant indicated that he was the owner. Deputy Burgess asked defendant if he was "Boo" and defendant replied in the affirmative. Deputy Burgess then took defendant into custody.

As he was arresting defendant, Deputy Burgess heard a noise inside defendant's apartment. He looked inside and saw Edgerson running out of the back sliding glass door. Deputy Ragas gave chase and Edgerson was apprehended a short distance away. Thereafter, the victim identified both men as the perpetrators of the burglary.

*152 Prior to leaving defendant's apartment complex, Deputy Ragas conducted a security check of defendant's apartment. During the security check, Deputy Ragas noticed bags of marijuana and a 9mm handgun lying on a bed in plain view in an upstairs bedroom. The narcotics division was called to the scene, and Detective Valley obtained defendant's consent to search the apartment. A subsequent search of defendant's apartment revealed a .22 pistol in a duffle bag found in a closet.

DISCUSSION

On appeal, defendant asserts that he was not arraigned on Count 4 of the amended bill of information, which charged him with a second count of being a felon in possession of a firearm. Defendant claims the arraignment was required.

The record shows that defendant was arraigned on the original bill of information, containing Counts 1, 2 and 3, on November 29, 1999, and that he entered a plea of not guilty. Thereafter, on May 1, 2000, the bill of information was amended to include an additional count, Count 4. The record does not show that defendant was rearraigned on the amended bill.

La.C.Cr.P. art. 555 provides:

Any irregularity in the arraignment, including a failure to read the indictment, is waived if the defendant pleads to the indictment without objecting thereto. A failure to arraign the defendant or the fact that he did not plead, is waived if the defendant enters upon the trial without objecting thereto, and it shall be considered as if he had pleaded not guilty.

In State v. Hidalgo, 95-319 (La.App. 5 Cir.1/17/96), 668 So.2d 1188, defendant was arraigned on the original indictment which charged him with one count of first degree murder and two counts of attempted first degree murder. Defendant plead not guilty. Thereafter, the indictment was amended to charge defendant with one count of second degree murder and two counts of attempted second degree murder. Defendant was not rearraigned on the amended indictment. This Court found that because the defendant did not object prior to trial, the error in failing to rearraign him on the amended indictment was waived.

In the matter before us, defendant did not object to the failure of being rearraigned on the amended bill, or on Count 4, prior to entering a guilty plea to Counts 1, 2, 3 and 4. Thus, the error in failing to rearraign defendant was waived.

Defendant next argues that there was no probable cause to arrest him.

A warrantless arrest must be based on probable cause. Probable cause to arrest exists when the facts and circumstances within an officer's knowledge, and of which he has reasonable trustworthy information, are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed or is committing a crime. State v. Serrato, 424 So.2d 214 (La.1982).

In this case, before arresting defendant, Deputy Burgess was informed that a burglary had occurred; that the two perpetrators, one of whom was nicknamed "Boo," had just left the scene in a brown car; that the victim identified the brown car parked in front of a nearby apartment complex; that defendant admitted that he owned the brown car and that he was known as "Boo." These facts justified the police officer's belief that defendant had just committed a crime. Therefore, probable cause existed to arrest defendant.

Defendant next asserts that he did not voluntarily consent to the search of his apartment. He maintains the police *153 coerced his consent by keeping his handcuffs too tight and keeping him in a hot patrol car with no air conditioning. He claims he had no choice but to sign the consent form in order to have the handcuffs loosened. As a result, defendant contends the search was illegal and, thus, any evidence seized during the search should have been suppressed.

There were two searches of defendant's apartment. The first search was conducted after defendant's arrest and after the co-perpetrator was seen fleeing the apartment. The officers testified that this cursory search was a security check conducted for safety purposes. This search revealed bags of marijuana and a 9mm handgun on the bed in the upstairs bedroom. The second search was conducted after defendant signed a consent to search form allowing a full search of his apartment. It was during this search that the .22 pistol was found in a duffle bag in the closet.

Warrantless searches and seizures are unreasonable per se unless justified by one of the specific exceptions to the warrant requirement. Schneckloth v. Bustamonte,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Of Louisiana v. Lionel Caire
Louisiana Court of Appeal, 2021
State of Louisiana Versus Julius Hankton
Louisiana Court of Appeal, 2021
State v. Salinas
251 So. 3d 1166 (Louisiana Court of Appeal, 2018)
State v. Cowans
251 So. 3d 1185 (Louisiana Court of Appeal, 2018)
State v. Cox
134 So. 3d 74 (Louisiana Court of Appeal, 2014)
State v. Hernandez
96 So. 3d 505 (Louisiana Court of Appeal, 2012)
State v. Besse
83 So. 3d 257 (Louisiana Court of Appeal, 2011)
State v. Bazley
60 So. 3d 7 (Louisiana Court of Appeal, 2011)
State v. Hicks
3 So. 3d 539 (Louisiana Court of Appeal, 2008)
State v. Warmack
973 So. 2d 104 (Louisiana Court of Appeal, 2007)
State v. Doussan
924 So. 2d 333 (Louisiana Court of Appeal, 2006)
State v. Jackson
916 So. 2d 1015 (Supreme Court of Louisiana, 2005)
State v. Ledford
914 So. 2d 1168 (Louisiana Court of Appeal, 2005)
State v. Cambre
902 So. 2d 473 (Louisiana Court of Appeal, 2005)
State v. Rachal
880 So. 2d 206 (Louisiana Court of Appeal, 2004)
State v. Hebert
846 So. 2d 60 (Louisiana Court of Appeal, 2003)
State v. Perkins
811 So. 2d 997 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
791 So. 2d 149, 2001 WL 765473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-narcisse-lactapp-2001.