State v. Porter

694 S.E.2d 216, 388 S.C. 177, 2010 S.C. App. LEXIS 58
CourtCourt of Appeals of South Carolina
DecidedApril 5, 2010
Docket4672
StatusPublished

This text of 694 S.E.2d 216 (State v. Porter) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Porter, 694 S.E.2d 216, 388 S.C. 177, 2010 S.C. App. LEXIS 58 (S.C. Ct. App. 2010).

Opinion

388 S.C. 177 (2010)
694 S.E.2d 216

The STATE, Respondent,
v.
Johnell PORTER, Appellant.

No. 4672.

Court of Appeals of South Carolina.

Submitted March 1, 2010.
Decided April 5, 2010.
Rehearing Denied July 7, 2010.

*180 Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, all of Columbia; Solicitor Kevin Scott Brackett, of York, for Respondent.

WILLIAMS, J.

Johnell Porter (Porter) appeals his convictions for conspiracy to commit armed robbery, armed robbery, entering a bank with intent to steal, kidnapping, and possession of a firearm during the commission of a violent crime. On appeal, we must determine whether the trial court erred in (1) refusing to quash the indictments or dismiss the case when Porter was arrested in North Carolina by South Carolina officers who did not take him before a magistrate; (2) admitting into evidence items found in the parking lot where Porter's vehicle stopped; (3) excluding Porter from a bench conference during the trial when Porter was representing himself pro se; and (4) refusing to issue the kidnapping charge requested by the defense. We affirm.

FACTS/PROCEDURAL HISTORY

On December 22, 2006, at approximately 10:30 a.m., Porter, along with Kenneth Young (Young) and Donshavis Jones (Jones), entered the front door of the Lake Wylie Branch of the Bank of York (the Bank). All three men wore dark ski masks, dark clothing, and gloves. All three were armed with *181 handguns and at least one had a canister of pepper spray. Porter and Young approached the teller line and the customer service desk, pointed their guns at the employees, and ordered them to lie down. Porter and Young then ordered some of the employees and customers to crawl into the main vault and told some of the tellers to open their individual vaults.[1] At the same time, Jones carried a pillowcase into the main vault and began filling it with money. After Jones retrieved roughly $18,000, the three men left, leaving all of the employees and customers locked in the main vault. The three men got into a rented Ford Taurus (the Taurus) driven by Angela Laws (Laws).[2] The Taurus exited the Bank's parking lot and drove east on Highway 49 towards Charlotte.

Fortunately, it was the Bank's policy to leave a key in the main vault at all times for such an event, so the employees and customers were able to get out of the main vault soon after the robbers left. The vice president of the Bank, Mike Lubiato (Lubiato), immediately called 9-1-1. While he was on the phone with the 9-1-1 dispatcher, Lubiato spoke to a customer who had been waiting outside at the drive through window. The customer stated the getaway car was a gray or bluish gray Ford Taurus with a dealer tag. Lubiato relayed this information to the dispatcher.

Officer Terry Vinesett (Officer Vinesett) of the York County Sheriff's Department was on duty in his patrol car on the morning of December 22, 2006, when he received a call about an armed robbery at the Bank. The dispatcher stated the robbery involved four to five people, and the robbers fled the Bank in a blue or gray Ford Taurus. Constable Wes Scott (Constable Scott) was riding along with Officer Vinesett that day. Driving directly behind Officer Vinesett was Officer Randy Gibson (Officer Gibson). While the officers were about to make a left turn onto Highway 49 from Carowinds Boulevard, Officer Gibson saw the Taurus turning south on Carowinds Boulevard towards York County. When Officer Gibson alerted Officer Vinesett over his radio that he had seen the *182 Taurus, he and Officer Vinesett immediately made a U-turn and followed the Taurus. As soon as the Taurus crossed over the York County line, Officer Vinesett and Officer Gibson turned on their lights and sirens.[3] Upon seeing the officers' lights, Laws began to speed up and turned onto Interstate 77 northbound towards Charlotte. Laws traveled several miles on the interstate before exiting at Arrowood Road in Charlotte.

Eventually, Laws turned into the parking lot of an apartment complex and came to a stop. Jones, who was seated in the back seat on the driver's side of the Taurus, attempted to flee. Before he could exit the Taurus, however, Officer Vinesett drove his patrol car into the left side of the Taurus, injuring Jones' left leg. Officer Gibson arrived in the parking lot just as the collision occurred.

Officer Vinesett, Constable Scott, and Officer Gibson exited their respective patrol cars and ordered all four suspects out of the Taurus. The officers placed the suspects in handcuffs and searched them for weapons. They did not read the suspects their Miranda rights. A short time later, officers from the Charlotte Police Department arrived and took custody of the four suspects. Both Officer Vinesett and Officer Gibson testified they did not take any of the suspects before a magistrate that day.

On the back of the Taurus, Officer Vinesett found a dealer tag duct-taped over a South Carolina license plate. In the backseat floorboard of the Taurus, Officer Vinesett found bullets, a blue ski mask, rubber gloves, a revolver, and a pillowcase containing a nine millimeter pistol, several rounds of ammunition, and roughly $18,000. In the passenger seat, Officer Vinesett found a pack of cigarettes and a wig. On the ground outside the Taurus, Officer Vinesett found another blue ski mask, a pair of black gloves, a blue shirt, a pair of black boots with one containing a pocket knife, a black jacket, a pair of black tennis shoes, and a pillowcase containing a pair *183 of white tennis shoes, a white dew rag, a can of pepper spray, and a black t-shirt.[4]

On December 27, 2006, officials from the York County Sheriff's Office obtained warrants for the four suspects and faxed them to the Charlotte Mecklenburg Police Department. Thereafter, York County officials commenced the extradition process in January 2007. In June 2007, Porter was indicted for kidnapping, entering a bank with intent to steal, armed robbery, possession of a firearm during the commission of a violent crime, and conspiracy to commit armed robbery. Laws and Jones pled guilty to armed robbery. Young and Porter were tried before the Honorable John C. Hayes, III in July 2007. Porter proceeded pro se but was appointed standby counsel.

At trial, the State presented testimony from the employees and customers in the Bank. None of the employees or customers could identify any of the robbers because they were all wearing ski masks and gloves during the robbery. However, Lubiato testified that the tellers at the Bank is instructed to keep a record of the serial numbers of five $100 bills in their vault at all times. This is commonly referred to as "bait money." In the event the Bank is robbed, the money stolen can be identified because it will contain the bait money. Lubiato testified that the $18,000 stolen from the Bank on the morning in question contained bait money. He further testified the money the police found in the Taurus and returned to the Bank contained all of the bait money from one of the teller's vaults at the Bank.

The State also presented video footage from security cameras mounted inside and outside the Bank and also from the dashboard cameras mounted inside Officer Vinesett's and Officer Gibson's vehicles.

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

Related

Thomas Oses v. Commonwealth of Massachusetts
961 F.2d 985 (First Circuit, 1992)
State v. Steadman
59 S.E.2d 168 (Supreme Court of South Carolina, 1950)
I'On, L.L.C. v. Town of Mt. Pleasant
526 S.E.2d 716 (Supreme Court of South Carolina, 2000)
State v. Hall
310 S.E.2d 429 (Supreme Court of South Carolina, 1983)
State v. Puckett
117 S.E.2d 369 (Supreme Court of South Carolina, 1960)
State v. Allen
237 S.E.2d 64 (Supreme Court of South Carolina, 1977)
State v. Zeigler
610 S.E.2d 859 (Court of Appeals of South Carolina, 2005)
State v. Dunbar
587 S.E.2d 691 (Supreme Court of South Carolina, 2003)
State v. Jackson
217 S.E.2d 794 (Supreme Court of South Carolina, 1975)
State v. Howard
682 S.E.2d 42 (Court of Appeals of South Carolina, 2009)
State v. McDonald
540 S.E.2d 464 (Supreme Court of South Carolina, 2000)
Humbert v. State
548 S.E.2d 862 (Supreme Court of South Carolina, 2001)
State v. Adams
659 S.E.2d 272 (Court of Appeals of South Carolina, 2008)
State v. Pagan
631 S.E.2d 262 (Supreme Court of South Carolina, 2006)
State v. Carlson
611 S.E.2d 283 (Court of Appeals of South Carolina, 2005)
State v. Gourdine
472 S.E.2d 241 (Supreme Court of South Carolina, 1996)
Glasscock, Inc. v. United States Fidelity & Guaranty Co.
557 S.E.2d 689 (Court of Appeals of South Carolina, 2001)
State v. Tucker
512 S.E.2d 99 (Supreme Court of South Carolina, 1999)
State v. Quattlebaum
527 S.E.2d 105 (Supreme Court of South Carolina, 2000)
Commerce Center of Greenville, Inc. v. W. Powers McElveen & Associates, Inc.
556 S.E.2d 718 (Court of Appeals of South Carolina, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
694 S.E.2d 216, 388 S.C. 177, 2010 S.C. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-porter-scctapp-2010.