State v. Ohlsson

115 So. 3d 54, 12 La.App. 5 Cir. 708, 2013 WL 1749354, 2013 La. App. LEXIS 795
CourtLouisiana Court of Appeal
DecidedApril 24, 2013
DocketNo. 12-KA-708
StatusPublished
Cited by4 cases

This text of 115 So. 3d 54 (State v. Ohlsson) 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. Ohlsson, 115 So. 3d 54, 12 La.App. 5 Cir. 708, 2013 WL 1749354, 2013 La. App. LEXIS 795 (La. Ct. App. 2013).

Opinion

ROBERTA. CHAISSON, Judge.

1 gDefendant, Ronald Ohlsson, appeals several convictions arising from the theft of a vehicle and the armed robberies of three bars in Jefferson Parish in July of 2010. For the reasons that follow, we affirm his convictions and sentences and remand the matter for correction of the commitmenVminute entry.

PROCEDURAL HISTORY

On September 8, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant with one count of possession of a firearm by a convicted felon, in violation of LSA-R.S. 14:95.1 (count one); three counts of armed robbery, violations of LSA-R.S. 14:64 (counts two, three, and four); and one count of illegal possession of stolen things valued at over $500.00, in violation of LSA-R.S. 14:69 (count five). At his September 7, 2010 arraignment, defendant pled not guilty.

|sThis matter proceeded to trial before a twelve-person jury on February 7, 2012. After considering the evidence presented, the jury, on February 10, 2012, found defendant guilty as charged. On February 24, 2012, the trial court sentenced defendant to fifteen years imprisonment at hard labor and imposed a fine of $1,000.00, on count one; to twenty-five years imprisonment at hard labor on counts two, three, and four; and to ten years imprisonment at hard labor on count five. The court ordered that all sentences be served consecutively and that the sentences as to counts one, two, three, and four be served without benefit of parole, probation, or suspension of sentence.

As to count four, the State thereafter filed a bill of information pursuant to the provisions of LSA-R.S. 15:529.1, alleging that defendant was a seventh felony offender. After a hearing on May 29, 2012, the trial court found defendant to be a triple felony offender, vacated defendant’s original sentence on count four, and imposed an enhanced sentence of life imprisonment without benefit of parole, probation, or suspension of sentence. Defendant now appeals.

FACTS

These charges arise from a series of robberies that occurred in July of 2010, at three different bars in Jefferson Parish.

Turtle Bar

On July 18, 2010, Catherine Bright was working as a bartender at the Turtle Bar. At approximately 2:10 p.m., she noticed a man drive into the parking lot, back his car in and out of one of the parking spaces, and eventually park. A few minutes later, a man walked into the bar, pointed a gun at the patrons, and told everyone to get on the floor. Bright got down on the floor [58]*58behind the bar. The perpetrator walked over to her, pointed a gun at her, and asked for the poker money. After Bright opened the drawer, the man told her to open the cash register. l4Bright complied and then returned to her position on the floor. The man took money from the poker drawer and from the cash register before leaving in a car that looked like an old Toyota. Bright called 911 to report the incident. When being interviewed by police, Bright described the perpetrator as a tall, thin build, Caucasian male, wearing a “hooded ... ski mask type thing,” a blue paisley bandanna, gloves, a long-sleeved shirt, jeans, and tennis shoes.

In addition, Linda Eddy, a patron who escaped the bar when the perpetrator entered, observed defendant’s old grey/pale blue Toyota in the parking lot. She memorized the car’s license plate number, FEU375, and provided it to the police when they arrived.

Zaddie’s Tavern

Dawn Canman was working at Zaddie’s Tavern on July 24, 2010, when a very tall, thin, Caucasian male approached her with a gun. The man, who was dressed in dark, baggy jeans, a cap with a hoodie, and a blue and white bandanna that went up to his eyes, pointed his gun at Canman and demanded that she open the cash register. Canman was able to escape and call 911 when the man was distracted. According to Steven Lindhorst, a customer at the bar, the perpetrator then grabbed some cash out of the drawers1 and left in an old black Toyota. Canman, who was outside the bar, observed the perpetrator enter a Toyota Corolla bearing license plate number FEU375.

Lindhorst’s description of the perpetrator was consistent with the description given by Canman. Lindhorst described the man as thin, wearing dark clothing, a hoodie, cap, and a dark blue “hanky” that left only his eyes exposed. Lindhorst opined that the man was approximately 6T" to 6'2" tall, and had large hands.2

| Matador Lounge

On July 27, 2010, at approximately 10:50 p.m., Lana Arnoult was working as a bartender at the Matador Lounge when a man with a gun walked in, announced in a low voice that this was a robbery, and jumped over the bar. Arnoult ran out of the bar and called the police. According to customers in the bar, the perpetrator then grabbed money bags from underneath the register, took the cash register, and fled the bar. Randy Thibodeaux and another customer ran after the robber, who dropped the cash register, turned around toward the men, pointed his small black handgun at them, and stated “don’t make me shoot.” The men stopped their pursuit and waited for police to arrive.

The description of the perpetrator given by Arnoult and the customers at the Matador Lounge was, for the most part, consistent. Arnoult described him as a tall, thin, white male, who wore a hooded black sweatshirt, glasses, a hat, and a multicolored bandanna that covered his face. Erby Aucoin, a customer, described the robber as approximately 6'3" tall, slim to medium build white man, who was wearing a blue and white bandanna and glasses. Jimmy Barbarito, another patron, stated that the perpetrator was wearing carpenter blue jeans with a slit on the left leg of the jeans and a blue and white bandanna that covered his face. He further described the robber as approximately 6'2" to 6'3" tall and thin. Lastly, Randy Thibo-[59]*59deaux described the assailant as approximately 6'3" to 6'4" tall, wearing a black hoodie, bandanna, and blue jeans.

Police officers arrived at the scene of the robbery, and a search of the area was conducted. Deputy John Heck and his K-9 dog located defendant in a shed in a homeowner’s backyard. After a brief struggle with the K-9 dog, defendant surrendered. Deputy Lee Hardy arrived in the backyard, placed defendant under arrest, and read him his Miranda rights. While walking out of the backyard, | Bdefendant spontaneously stated, “I’m sorry, I didn’t mean to do this, I have a drug problem, I’m trying to kick it, I didn’t think it would get to this point.” Subsequently, Deputy Hardy conducted a search incident to arrest- and discovered over a thousand dollars in cash in defendant’s pocket. Also recovered from defendant’s person were sunglasses, a hat, and a blue and white bandanna.

Detective Kevin Balser, the lead investigator in the armed robberies of the Turtle Bar and Zaddie’s Tavern, arrived on the scene of the Matador robbery and interviewed witnesses, whose description of the perpetrator matched the descriptions of the suspect in the Zaddie’s Tavern and Turtle Bar robberies. Detective Balser also learned that the suspect vehicle used in the two previous robberies had been located nearby. In particular, Deputy Robert Mitchell located the stolen blue four-door Toyota Corolla, bearing license plate number FEU375, near the intersection of West Metairie and Airline Park at 10:42 p.m.3

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Related

Ohlsson v. State
229 So. 3d 921 (Supreme Court of Louisiana, 2017)
State v. Washington
219 So. 3d 1221 (Louisiana Court of Appeal, 2017)
State v. Warrick
186 So. 3d 1263 (Louisiana Court of Appeal, 2016)
State v. Brown
131 So. 3d 207 (Louisiana Court of Appeal, 2013)

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Bluebook (online)
115 So. 3d 54, 12 La.App. 5 Cir. 708, 2013 WL 1749354, 2013 La. App. LEXIS 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ohlsson-lactapp-2013.