State v. Richardson

206 So. 3d 1179, 16 La.App. 3 Cir. 143, 2016 La. App. LEXIS 2038
CourtLouisiana Court of Appeal
DecidedNovember 2, 2016
Docket16-143
StatusPublished

This text of 206 So. 3d 1179 (State v. Richardson) 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. Richardson, 206 So. 3d 1179, 16 La.App. 3 Cir. 143, 2016 La. App. LEXIS 2038 (La. Ct. App. 2016).

Opinion

GENOVESE, Judge.

hln this criminal case, Defendant, Lloyd Richardson, was convicted by a jury of armed robbery and possession of a firearm by a convicted felon. He later filed a Motion for New Trial, which was denied. He appeals the denial of his Motion for New Trial relative to his convictions, alleging victim recantation that he was the robber. For the following reasons, we affirm the trial court’s denial of Defendant’s Motion for New Trial.

FACTS AND PROCEDURAL HISTORY

The victim, Fletcher Duplechain,1 was robbed at gunpoint during the early morning hours of December 10, 2013. Mr. Du-plechain identified Defendant in a photographic line-up as the person who robbed him and later identified him at trial. After his convictions for both armed robbery and possession of a firearm by a convicted felon, Defendant filed a Motion for New Trial and a Motion for Judgment of Acquittal wherein he submitted an affidavit and testimony from the victim that he was not certain Defendant was the person who held a gun to him. The trial court denied both motions, and Defendant has appealed the denial of his Motion for New Trial.

ERRORS PATENT

In accordance with La.Code Crim.P. Art. 920, all appeals are reviewed for errors patent on the face of the record. We note an error patent relative to the trial court’s sentence for possession of a firearm by a convicted felon. Louisiana Revised Statutes 14:95.1 mandates a fine upon conviction for that offense of not |2less than one thousand dollars, nor more than five thousand dollars. This mandatory fine was inadvertently not imposed by the trial court, thereby rendering the sentence on this offense illegally lenient. However, because the issue of an illegally lenient sentence was not raised on appeal, we do not address same.

ASSIGNMENT OF ERROR

In his sole assignment of error, Defendant contends the trial court erred in denying his Motion for New Trial based on Mr. Duplechain’s recantation of his eyewitness identification of Defendant as the person who robbed him.

DISCUSSION

Evidence at Trial2

Officer Bowman Bob with the Opelousas Police Department (Officer Bob) respond[1181]*1181ed to an armed robbery call on December 10, 2013. The call came sometime between 3:30 and 4:00 that morning. Based on his interview with the victim, Mr. Duplechain, Officer Bob began looking for the vehicle described as being involved in the robbery. During his search, Officer Bob was flagged down by a second armed robbery victim, Patrick Layssard. Based on the vehicle descriptions given by both victims, Officer Bob continued his search and eventually spotted a vehicle matching the victims’ descriptions. Officer Bob pulled in behind the vehicle and activated his lights and siren. The vehicle did not slow down and actually began to speed up. Officer Bob activated his horn several times in an effort to get the vehicle to stop.

IsWhen the vehicle finally began to slow down as if it was going to stop, Officer Bob shined his spotlight directly at the back of the vehicle. He estimated that he was approximately ten yards “right behind the vehicle,” at which time he noticed a “silhouette from the rear, driver’s side of the vehicle cross over.” Because the windows were tinted, he could not see exactly who the person was. According to Officer Bob, the silhouette threw an object onto the side of the roadway. The other people in the car—the driver, the passenger, and the rear passenger—never moved. The vehicle moved another thirty to thirty-five yards before it came to a complete stop.

When the vehicle stopped, Officer Bob saw the rear, driver’s side door open, and a black male subject exited and took off running. His spotlight was still on, and Officer Bob began chasing the subject on foot. He caught up with the subject, detained him, and walked him back toward the police unit and parked car. When he and Defendant returned to the vehicle, the other people in the vehicle—Harold Hughes, Alonza Levier, and Meghan Simms—had been detained by another officer that had arrived on the scene. During his testimony, Officer Bob identified Defendant in court as the person he chased, caught, and detained. When asked if he was able to determine where everyone was sitting in the vehicle, Officer Bob said Mr. Hughes was passed out on the rear, passenger side seat; Mr. Levier was in the driver’s seat; and, Ms. Simms was in the front, passenger seat.

After placing Defendant in the police car, Officer Bob and another officer began looking for the object that was thrown out of the vehicle. Based on Officer Bob’s description of the area, they were able to locate a black firearm, and Officer Bob stated that the gun was found in the grassy area where he saw the object being thrown from the vehicle. When the gun was found, there was a round in the Lchamber, ready to be fired, and the magazine was fully loaded. Officer Bob identified State’s Exhibit 1(A) as the gun that was found.

Back at the station, Officer Bob prepared a photo line-up with six photos containing individuals that resembled Defendant and a photo of Defendant. The victim of one of the robberies, Mr. Duplechain, positively identified Defendant, Lloyd Richardson, as the person who robbed him at gunpoint. Officer Bob testified that the photo identification was made the same day as the robbery. When asked if he presented any other photo line-ups to Mr. Duplechain, Officer Bob stated that he presented a photo line-up of the other three people in the vehicle. At that time, Mr. Duplechain identified the driver, Mr. Levier, as the person who asked him for a lighter. He was not able to identify the other two passengers in the vehicle.

During cross-examination, Officer Bob acknowledged that one of the victims, Mr. Layssard, identified Mr. Hughes as the person who robbed him. He also acknowledged that he did not “really know” who [1182]*1182threw the object out of the vehicle’s window:

A. No, sir. All I—what I advised was I seen the silhouette of the subject cross over and throw something out the window. I didn’t know exactly who it was at the time.
Q. So it’s perfectly, completely, and absolutely possible that it’s Harold Hughes that threw that gun out the window?
A. No, sir, ‘cause I seen the silhouette of that person throw an object—not saying it was a gun, throw an object out of that window.
Q. But you just said you don’t know who that person was and that the windows were tinted.
A. I did not.
Q. And you can determine who that silhouette was and you know for sure that it was him?
|r,A. I explained to you I did not know the identification of the subject. I only seen the silhouette of the subject in the rear, driver’s seat.
Q. But there’s no possibility whatsoever it was Harold Hughes that threw the it [sic] out?
A. I’m not saying that it wasn’t, but I’m just stating that I seen the silhouette of a subject throw something out of the window.

When asked if it was possible that one of the other passengers disposed of the weapon in question while Officer Bob was chasing Defendant, the officer replied, “Yes, sir. It’s possible.”

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Cite This Page — Counsel Stack

Bluebook (online)
206 So. 3d 1179, 16 La.App. 3 Cir. 143, 2016 La. App. LEXIS 2038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-richardson-lactapp-2016.