State v. Patterson

995 So. 2d 38, 2008 WL 4376699
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2008
Docket2008 KA 0416
StatusPublished
Cited by2 cases

This text of 995 So. 2d 38 (State v. Patterson) 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. Patterson, 995 So. 2d 38, 2008 WL 4376699 (La. Ct. App. 2008).

Opinion

995 So.2d 38 (2008)

STATE of Louisiana
v.
David PATTERSON.

No. 2008 KA 0416.

Court of Appeal of Louisiana, First Circuit.

September 26, 2008.

Doug Moreau, District Attorney, Charles E. Grey, Jr., Asst. District Attorney, *39 Baton Rouge, LA, for State of Louisiana.

Steve LeBlanc, Baton Rouge, LA, for Defendant-Appellant, David Patterson.

Before PETTIGREW, McDONALD, and HUGHES, JJ.

PETTIGREW, J.

The defendant, David Patterson, was charged by bill of information with four counts of simple burglary, violations of La. R.S. 14:62. He pled not guilty and, following a trial by jury, was found guilty as charged. On March 3, 2006, the defendant filed a motion for new trial that was granted on May 9, 2006. On May 10, 2006, the trial court vacated its ruling granting the defendant's motion for new trial. On May 24, 2006, the trial court denied the defendant's motion for new trial. Subsequently, the trial court sentenced the defendant. For his convictions on counts one, two, and four, the defendant was sentenced to seven years at hard labor. For his conviction on count three, the defendant was sentenced to ten years at hard labor. The sentences were ordered to be served consecutively to each other. The defendant appeals urging two assignments of error. We affirm the convictions and sentences.

FACTS

Between April 1, 2005 and April 4, 2005, the defendant committed four burglaries at the University Village Condominiums, on Nicholson Drive, in Baton Rouge. Four condominiums were broken into; refrigerators, microwaves, washing machines, and dryers were taken from said units. The complex was under construction at the time, and the condominiums were uninhabited. Subsequent investigation revealed the presence of defendant's fingerprints in the condominiums. According to James Meyers, the supervisor of the condominium complex, the defendant did not have permission to enter any of the rooms at the complex. Following his arrest, the defendant denied knowing anything about the crimes and could not explain how his fingerprints were at the crime scene. The defendant later told a police officer that he sometimes went to the area to hunt and fish.

ASSIGNMENT OF ERROR NUMBER ONE

In his first assignment of error, the defendant contends that the trial court erred in reconsidering the merits of a previously granted motion for new trial. In his brief to this court, the defendant states that he was present in court on October 11, 2005, when his case was set for a pretrial hearing on November 17, 2005, and assigned a trial date of November 28, 2005. The defendant claims that he was not present when defense counsel agreed to move up his trial date to November 7, 2005. Defendant complains that when he was brought to court on November 7, 2005, he was not aware that he was scheduled for trial. After his conviction, the defendant retained new counsel for the purpose of filing a motion for new trial and to challenge his convictions. The defendant contends that at a motion hearing on April 25, 2006, the trial court advised the state that it would grant the defendant a new trial if the defendant's trial counsel testified that counsel did not notify the defendant of the new trial date. The matter was continued until May 9, 2006, at which time the defendant's trial counsel testified at the hearing that he did not communicate the change in the trial date to the defendant. The trial court concluded the defendant had the right to know his trial date so he could participate in his own defense. The trial court then granted the motion for new trial.

*40 According to the defendant, the trial court attempted to reconsider its ruling on the motion for new trial. The defendant, citing State v. Williams, XXXX-XXXX (La.5/14/02), 817 So.2d 40, argues that the trial court was not authorized to reconsider the merits of a previously granted motion for new trial after a decision had been made. Thus, the defendant contends that because his convictions are still considered to be vacated based on the trial court's granting of his motion for new trial on May 9, 2006, there are no other issues to explore regarding the trial on the merits.

It is noted that this similar issue was reviewed in a writ application filed with this Court. In State v. Patterson, 2007-2610 (La.App. 1 Cir. 5/27/08), the defendant sought review of the denial of his motion to quash his prosecution, as he claimed the time limits for retrying him had expired based on the date the trial court granted the motion for new trial and the fact that the defendant had not been retried. In an unpublished decision, this court denied the writ application. Although a pretrial determination does not absolutely preclude a different decision on appeal, judicial efficiency demands that this court accord great deference to its pretrial decisions unless it is apparent, in light of a subsequent trial record, that the determination was patently erroneous and produced an unjust result. See State v. Humphrey, 412 So.2d 507, 523 (La.1982) (on rehearing).

Nonetheless, in the instant case, although making the same claims, the defendant does not seek review of the denial of his motion to quash, but instead seeks review of the denial of his motion for new trial after it was initially granted by the trial court.

According to the transcript of the April 24, 2006 hearing on the motion for new trial, the defendant testified that he initially was represented by John Russell, but when he appeared for trial on November 7, he learned that he was being represented by Jodi Edmonds of the Public Defender's Office. The defendant stated that he learned at that time that Russell was no longer working in the Public Defender's Office. The defendant complained that he did not meet with Edmonds prior to trial. The defendant claimed that he had alibi witnesses that he could have called to testify at his trial, but that he was unable to do so. The defendant stated that Edmonds did not put on a defense and when he mentioned the alibi witnesses to her, she advised him that it was too late to put out subpoenas for witnesses. The defendant contended that had trial counsel called his alibi witnesses, it would have made a difference in his trial.

On cross-examination, the defendant claimed that he had spoken to Russell only three times prior to his trial. The defendant claimed that he did not ask his alibi witnesses to testify at trial on his behalf because he had no notice that his trial was beginning. The defendant also indicated that he spoke to Russell regarding Edmonds's qualifications. The defendant testified that he did not receive any notification that his trial date had been moved. He stated that after he rejected a plea deal, his attorney indicated that they were ready for trial. He then requested a continuance because he was not prepared.

The trial court then stated at the hearing that it was going to continue the hearing and issue a subpoena for Russell. The court set forth that if Russell testified that no one advised the defendant of the new trial date, the court was going to grant the motion for new trial.

At the May 9, 2006 continuation of the motion for new trial hearing, Russell testified that he was present in court on September *41 13, 2005 and September 15, 2005 with the defendant. Russell also was present with the defendant in court on October 11, 2005, when the pretrial/status conference was set for November 17, 2005, and trial was scheduled for November 28, 2005. Russell testified that he could not say definitively that he contacted the defendant regarding the change in his trial date.

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Cite This Page — Counsel Stack

Bluebook (online)
995 So. 2d 38, 2008 WL 4376699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-lactapp-2008.