State v. Normandin

750 So. 2d 321, 1999 WL 1223110
CourtLouisiana Court of Appeal
DecidedDecember 22, 1999
Docket32,927-KA
StatusPublished
Cited by26 cases

This text of 750 So. 2d 321 (State v. Normandin) 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. Normandin, 750 So. 2d 321, 1999 WL 1223110 (La. Ct. App. 1999).

Opinion

750 So.2d 321 (1999)

STATE of Louisiana, Appellee,
v.
Jesse A. NORMANDIN, Appellant.

No. 32,927-KA.

Court of Appeal of Louisiana, Second Circuit.

December 22, 1999.

*323 John M. Lawrence, James R. Phillips, Indigent Defender Board, Counsel for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Randall Smith, Assistant District Attorney, Counsel for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

BROWN, J.

Defendant, Jesse Normandin, was convicted by a jury of four counts of simple burglary, violations of La. R.S. 14:62, and one count of felony theft, a violation of La. R.S. 14:67. He was adjudicated a second felony offender and sentenced to six years at hard labor on each count of simple burglary and five years on the felony theft count, all to run consecutively. Defendant has appealed. For the reasons stated herein, we affirm.

FACTS

In the early morning hours of Sunday, October 31, 1997, Devon Jetton and Kenneth Skaggs were arrested by the Bossier Police for vehicle burglary. Thereafter, Detectives Thomas Delrie and Robert McArthur of the Bossier City Police Department spoke with the two men about several recent vehicle burglaries in the area.[1] After the discussion, Skaggs led the detectives to a house on St. Vincent Avenue in Shreveport. The detectives arrived at the house at approximately 7:30 a.m. While it is unclear as to who allowed them to enter the house, once inside the officers informed everyone of their Miranda rights.[2] At the time, the house was occupied by Troy Twigg, defendant and two females. Thereafter, Twigg, a lessee, signed a consent to search form. During their search, the detectives found several items which had been taken in the recent vehicle burglaries in Bossier Parish. Defendant and Twigg then accompanied the detectives back to Bossier City and were placed in separate interrogation rooms. Later in the day, defendant made two separate statements in which he implicated himself. Immediately thereafter, he was arrested.

Defendant was subsequently convicted of four counts of burglary and one count of felony theft. The state filed a multiple offender bill of information and defendant was adjudicated a second felony offender. Thereafter, defendant was sentenced to six years at hard labor and fined $1,000 for each of the four counts of simple burglary with the sentences to be served consecutively and five years for felony theft, also to be served consecutively with any other sentence. Defendant has appealed his convictions and sentences. We affirm.

*324 DISCUSSION

I. Sufficiency of the Evidence

Defendant argues that the evidence adduced at trial was insufficient to support his convictions of simple burglary and felony theft.

According to defendant, the state did not prove that he was a principal to the vehicle burglaries. He argues that the statements in which he implicated himself in the burglaries and the theft were not admissible. Therefore, without the statements there was not sufficient evidence to implicate him in the crimes.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Bosley, 29,253 (La.App.2d Cir.04/02/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333; State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992).

The victims of the car burglaries and theft testified that their vehicles were entered without consent and that the items taken were valued at more than $1200. The state showed by the victims' testimony that their vehicles were entered without their permission and that items were taken or attempted to be taken. The victim of the theft testified that the value of the items stolen was more than $1,200. Skaggs testified that he and defendant participated in the burglaries in Counts One through Four. Defendant's admissions provide sufficient proof of his entering the vehicles and taking the property on all counts of burglary. His statements also provide proof of his intent to commit the theft and the completed act.

II. Voluntariness of defendant's statements

Defendant argues that the trial court erred by not suppressing the inculpatory statements he made to the police as they were not voluntary.

The record shows that defendant made two statements to Detective Delrie on October 31, 1997, implicating himself in the burglaries and theft. Defendant again confessed to the burglaries on November 3, 1997, when he gave a statement to Deputy Staton of the Bossier Parish Sheriff's Office.

After an evidentiary hearing, the trial court found that defendant's statements were voluntary and not the product of an illegal search.

In reviewing evidentiary rulings, the reviewing court should give deference to the trial court if the ruling is reasonably supported by evidence. Further the reviewing court can use all of the evidence presented at the evidentiary hearing and the trial to review the determination. State v. Fisher, 97-1133 (La.09/09/98), 720 So.2d 1179.

A. Warrantless Search and Seizure

A search without a warrant is unreasonable unless an exception applies. Consent is one of the well-established exceptions. The state must prove the consent was free and voluntary. State v. Owen, 453 So.2d 1202 (La.1984). In the context of a premises search, generally consent must be given by one having mutual use of the premises. However, a search may be valid even when the person giving the consent is without authority, if the facts as presented to the police justify the officer's reasonable belief that the person had authority over the premises. Illinois v. Rodriguez, 497 U.S. 177, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990); State v. Edwards, 97-1797 (La.07/02/99), 750 So.2d 893, U.S. cert. denied, ___ U.S. ___, 120 S.Ct. 542, 145 L.Ed.2d 421 (U.S.La.11/29/99) (No. 99-6418).

*325 Detective Delrie testified that he and Detective McArthur knocked on the door and defendant answered. After the officers explained that they wanted to talk to him, defendant allowed them to enter. Detective McArthur testified that one of the girls staying at the house answered the door and let them enter. Defendant and Twigg testified that they were asleep with their respective female companion in the same locked bedroom in separate beds when the detectives knocked on the bedroom door. Both detectives testified that immediately after their arrival, everyone was informed of their Miranda rights. Twigg then signed a consent form and gave the detectives permission to search the house. The search revealed several stolen items that were connected to the recent car burglaries.

While there does seem to be some confusion as to who let the detectives into the house, the testimony is clear that the police did not force their way into the dwelling. The record indicates that it was someone staying in the house that night who granted access to the house. Further, the detectives read everyone their Miranda rights and thereafter, Twigg gave written consent to search the house.

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Bluebook (online)
750 So. 2d 321, 1999 WL 1223110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-normandin-lactapp-1999.