State v. Robinson

485 So. 2d 156
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1986
Docket17590-KA
StatusPublished
Cited by5 cases

This text of 485 So. 2d 156 (State v. Robinson) 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. Robinson, 485 So. 2d 156 (La. Ct. App. 1986).

Opinion

485 So.2d 156 (1986)

STATE of Louisiana, Appellee,
v.
Kenneth Ray ROBINSON, Appellant.

No. 17590-KA.

Court of Appeal of Louisiana, Second Circuit.

February 26, 1986.
Writ Denied May 30, 1986.

Daryl Blue, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., James Allen Norris, Dist. Atty., Michael J. Fontenot, Asst. Dist. Atty., Monroe, for appellee.

Before MARVIN, NORRIS and LINDSAY, JJ.

NORRIS, Judge.

Defendant, Kenneth Ray Robinson, was tried by jury, found guilty of aggravated burglary and sentenced to 15 years at hard *157 labor. From his conviction and sentence he appeals, asserting seven assignments of error. For reasons stated herein, we affirm.

On October 7, 1984 at approximately 3:35 a.m., the Ouachita Sheriff's Department received a call that a burglary was in progress. Three deputies responded and proceeded to Lydia Street in West Monroe, Louisiana. Upon arriving at the scene they found the victim, Linda Jackson, standing outside her home. An investigation revealed that an intruder had broken into her home via the kitchen window. Ms. Jackson testified that she had been asleep and was awakened by a voice calling out her name. She felt a hand around her neck and a sharp object pressing against her throat. She immediately began crying and tried to move when the assailant told her that if she screamed or said anything he would cut her throat. Sitting up, Ms. Jackson managed to turn on a light beside her bed. Surprised, her assailant initially attempted to cover his face with his hands. However, he eventually dropped his hands and Ms. Jackson testified she was only a foot away from him and got a good look at his face. Then, an unknown person began blowing a car horn outside the house and her assailant went over to look out the window. Seizing the opportunity, Ms. Jackson ran from her bedroom and out the front door of her house. Turning back to check on her two children, she saw her assailant fleeing through the house back towards the kitchen. Ms. Jackson then ran to her aunt's house across the street and phoned the police. Ms. Jackson further testified that when she turned on the light she immediately thought of her assailant's name. When the police first arrived she gave the sheriff's deputies the name Kenny Ray. The deputies then proceeded to Kenny Ray's house. Upon asking for the defendant, they were informed by an occupant of the house, Bill Singleton, that Kenny Ray did not live there. According to Bill, the deputies did not ask for Kenny Ray, but rather asked for a Kenny DeWayne. Once the police returned to the victim's house she informed them of her assailant's full name, Kenneth Ray Robinson.

The defendant was eventually brought back to the victim's house by the victim's boyfriend and brother. As soon as the defendant was brought into the house, Ms. Jackson yelled "that's him, that's him." At trial, Ms. Jackson again positively identified the defendant as her assailant. Based on these facts, a jury found the defendant guilty of aggravated burglary and the trial judge sentenced the defendant to 15 years at hard labor.

DISCUSSION—ASSIGNMENT NO. 1

In his first assignment, defendant contends the trial court erred in overruling his objection to the state's inquiry into the details of one of his prior guilty pleas. During the course of the trial the defendant took the stand and admitted on direct examination that he had pled guilty to several prior offenses. On cross examination the prosecutor elicited the following testimony:

Q. Now, on three counts of simple crime against nature, didn't you also take a plea bargain on that?
A. I took a plea bargain ...
Q. You took a plea bargain on that, three counts of simple crime against nature?
A. Yes, I did.
Q. Now, what were you charged with? [OBJECTION INTERPOSED AND OVERRULED.]
Q. Now, what were you charged with when you pled guilty to three counts of simple crime against nature?
A. I was charged ... I had got framed, I was ... during that time, I was... I was doing time during that time and I got ... in that matter of that charge I got ... I was getting...
Q. What were you charged with? Let me ask you this, weren't you charged with aggravated rape?
A. Yes, I was.
*158 Q. And as a plea bargain, you took the plea to three counts of crime against nature?
A. Yes I did.
LSA-R.S. 15:495 provides:
§ 495. Impeachment by evidence of conviction; condition precedent to proof by others; prohibition against cross-examination as to indictment or arrest

Evidence of conviction of crime, but not of arrest, indictment or prosecution, is admissible for the purpose of impeaching the credibility of the witness, but before evidence of such former conviction can be adduced from any other source that the witness whose credibility is to be impeached, he must have been questioned on cross-examination as to such conviction, and have failed distinctly to admit the same; and no witness, whether he be defendant or not, can be asked on cross-examination whether or not he has ever been indicted or arrested, and can only be questioned as to conviction, and as provided herein.

[Emphasis added.]

In State v. Jackson, 307 So.2d 604 (La. 1975), the Louisiana Supreme Court construed the language of § 495 to permit cross-examination of a witness on the details of prior convictions for the "purpose of establishing the true nature of the offense." State v. Jackson, supra at 608. The Jackson rule has been expanded to include defendants who take the stand in their own behalf. State v. Chaney, 423 So.2d 1092 (La.1982); State v. Smith, 419 So.2d 468 (La.1982); State v. Talbert, 416 So.2d 97 (La.1982); State v. Talbot, 408 So.2d 861 (La.1980) (on rehearing new trial ordered on other grounds).

Defendant urges us to overrule Jackson. While we note subsequent decisions have severely criticized Jackson for overbreadth, it is still the law and we are bound by it. Later cases, however, have sufficiently circumscribed the broad rule of Jackson to prevent prejudice to a defendant. State v. Talbot, supra; State v. Connor, 403 So.2d 678 (La.1981); State v. Neslo, 433 So.2d 73 (La.1983).

State v. Connor, supra, is closely analogous to the instant case. There, the defendant was asked on direct examination if he had ever pled guilty to any crimes. He admitted two prior guilty pleas, one to manslaughter and the other to aggravated battery. On cross-examination, the prosecutor attempted to show that the guilty pleas were the results of "plea-bargains" in an effort to counter defendant's ploy of showing that he (defendant) was a "good, honest Samaritan, that when he commits a crime he comes in and says he is guilty." Finding the prosecutor's questions about the details of the "plea bargain" to be improper, the supreme court stated:

Jackson, supra, should be limited to questioning relative to prior convictions. It does not create a standard for questioning a witness about prior arrests or charges. Only limited questioning as to the facts of prior conviction is permissible. Minor details of ... charges dropped in response to a guilty plea may not be used to cast doubt on a defendant's credibility.

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Related

State v. Taylor
665 So. 2d 149 (Louisiana Court of Appeal, 1995)
State v. Gladney
577 So. 2d 1179 (Louisiana Court of Appeal, 1991)
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State v. Robinson
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485 So. 2d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-lactapp-1986.