State v. Perry

9 So. 3d 342, 8 La.App. 3 Cir. 1304, 2009 La. App. LEXIS 691, 2009 WL 1211421
CourtLouisiana Court of Appeal
DecidedMay 6, 2009
DocketNo. 08-1304
StatusPublished
Cited by28 cases

This text of 9 So. 3d 342 (State v. Perry) 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. Perry, 9 So. 3d 342, 8 La.App. 3 Cir. 1304, 2009 La. App. LEXIS 691, 2009 WL 1211421 (La. Ct. App. 2009).

Opinion

THIBODEAUX, Chief Judge.

_[/The Defendant, Jermaine Perry, appeals his convictions and sentences of armed robbery and conspiracy to commit armed robbery. We affirm.

ISSUES

We shall consider whether:

(1) the evidence was sufficient to prove guilt beyond a reasonable doubt;
(2) a Daubert hearing should have been conducted on the shirt and footprints; and,
(3) the Defendant’s concurrent sentences of twenty-five years at hard labor for armed robbery and ten years at hard labor for conspiracy to commit armed robbery are excessive.

[344]*344LAW AND DISCUSSION

A. Sufficiency of the Evidence

Armed Robbery

The analysis for a claim of insufficient evidence is well-settled:

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La. 1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See Graffagnino, 436 So.2d at 563, citing State v. Richardson, 425 So.2d 1228 (La.1983).

State v. Freeman, 01-997, p. 3 (La.App. 3 Cir. 12/12/01), 801 So.2d 578, 580.

Furthermore:

|2In the absence of internal contradiction or irreconcilable conflicts with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient to support a conviction. State v. Johnson, 00-1552 (La.App. 5 Cir. 3/28/01) 783 So.2d 520, 527, writ denied, 01-1190 (La.3/22/02), 811 So.2d 921. The question of the credibility of the witnesses is within the sound discretion of the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. Id. The credibility of the witnesses will not be re-weighed on appeal. Id.

State v. Dixon, 04-1019, p. 12 (La.App. 5 Cir. 3/15/05), 900 So.2d 929, 936.

The Defendant was convicted of armed robbery and conspiracy to commit armed robbery. Armed robbery is defined in La. R.S. 14:64(A), as follows:

Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.

Criminal conspiracy is defined in La. R.S. 14:26(A), as follows:

Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
If the intended basic crime has been consummated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.

At approximately 1:30 a.m. on July 28, 2004, two employees of the Sonic Drive-In located on McArthur Drive in Alexandria, Louisiana, were robbed as they approached their vehicles. Shania “Pepper” Garner (Pepper), an assistant manager, and Chris Warner, a management-trainee, had just exited the building, and as they separated and walked to their vehicles, two men appeared from the trash pdumpster area and began demanding money. According to Pepper and Chris, the men were in possession of one or more guns.

[345]*345The males approached Chris first, demanding money and ordering him to the ground. He dropped his work uniform items he had been carrying, as well as the red- or pink-colored “slushie” drink he held. As Chris was forced to the ground, he told the men that he did not have any money but Pepper did. One of the males pressed Chris’ forehead into the concrete and put his knee in his back, while the other male ran towards Pepper. The man on Chris’ back knew Chris’ name even though he wasn’t wearing a name tag. The man told him, “Chris, do not move, we’ll shoot you.”

Pepper was carrying about $1,500.00 in a money bag that she was going to deposit that night. As she handed the money bag to the male who approached her, he struck her in the head with a gun. She fell to the ground, and the men ran. Chris lay on the ground and watched as the men ran. When they left, he ran to assist Pepper who was bleeding from a wound to her forehead. He also called 911.

Neither Chris nor Pepper saw the faces of the men who robbed them. Chris stated that he believed the men’s faces were obscured by white t-shirts tied around them. Pepper said the men were both wearing hats. Pepper stated that the man who hit her with the gun and took the money from her was the shorter, stockier individual. She also testified that one of the men’s voices sounded familiar to her, although she could not identify the voice.

The Defendant, Jermaine Perry, was detained and ultimately arrested within a few hours after the robbery in front of Eddie’s Barbecue, which was near McArthur Drive in the vicinity of the Sonic Drive-In. The Defendant was wearing a white t-shirt that contained pink spots or stains on it. His cousin and co-conspirator, |.,Travis Sewell, had been detained nearby as well. Sewell was found on the other side of McArthur Drive, sitting in the driver’s seat of a Chevrolet Suburban owned by a friend of the Defendant’s family. The Defendant’s wallet and identification were located in the vehicle. The vehicle was found parked very closely behind the business, the Weiner Works.

Sewell testified against the Defendant. He stated that he and the Defendant drove the Suburban and parked behind the Weiner Works so they could watch the Sonic Drive-In and determine if it was feasible to commit the robbery. Sewell, who had worked for the Sonic Drive-In for about three years, knew that night deposits were typically made after closing at approximately 1:30 a.m. or 2:00 a.m. He testified that he waited in the Suburban while the Defendant got out of the vehicle to take a closer look. He denied knowing that the Defendant would commit the robbery that morning and denied participating in the robbery. He claimed to have fallen asleep in the Suburban while waiting for the Defendant to return.

When initially detained, the Defendant gave a false name to the officer questioning him, but when confronted with his identification that had been found in the Suburban, he provided his correct name. He admitted that he and Sewell had parked the Suburban and were watching the Sonic Drive-In, waiting for it to close; however, he claimed that he witnessed other men rob the employees that night.

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

Related

State v. Hutchinson
261 So. 3d 927 (Louisiana Court of Appeal, 2018)
State v. Bench
256 So. 3d 345 (Louisiana Court of Appeal, 2018)
State v. Barconey
241 So. 3d 1046 (Louisiana Court of Appeal, 2018)
State v. Queen
237 So. 3d 547 (Louisiana Court of Appeal, 2018)
State v. Price
216 So. 3d 304 (Louisiana Court of Appeal, 2017)
State v. Blunt
201 So. 3d 358 (Louisiana Court of Appeal, 2016)
State v. Shupp
185 So. 3d 900 (Louisiana Court of Appeal, 2016)
State of Louisiana v. William Shupp
Louisiana Court of Appeal, 2016
State v. Watson
175 So. 3d 1192 (Louisiana Court of Appeal, 2015)
State of Louisiana v. Armonta Dquon Hadnot
Louisiana Court of Appeal, 2015
State v. Tillery
167 So. 3d 15 (Louisiana Court of Appeal, 2014)
State ex rel. T.H.
140 So. 3d 911 (Louisiana Court of Appeal, 2014)
State of Louisiana v. Jimmy L. Bartie
Louisiana Court of Appeal, 2014
State in the Intrest of T. H.
Louisiana Court of Appeal, 2014

Cite This Page — Counsel Stack

Bluebook (online)
9 So. 3d 342, 8 La.App. 3 Cir. 1304, 2009 La. App. LEXIS 691, 2009 WL 1211421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perry-lactapp-2009.