State v. Robinson

50 So. 3d 158, 2009 La.App. 4 Cir. 0922, 2010 La. App. LEXIS 334, 2010 WL 830964
CourtLouisiana Court of Appeal
DecidedMarch 10, 2010
DocketNo. 2009-KA-0922
StatusPublished
Cited by9 cases

This text of 50 So. 3d 158 (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, 50 So. 3d 158, 2009 La.App. 4 Cir. 0922, 2010 La. App. LEXIS 334, 2010 WL 830964 (La. Ct. App. 2010).

Opinion

EDWIN A. LOMBARD, Judge.

|tThe defendant, Corey Robinson, appeals his conviction for armed robbery, a violation of La. Rev.Stat. 14:64.3, arguing that the trial court should have granted his motion to suppress the identification because the “show-up” identification procedure was suggestive. After review of the record in light of the applicable law and arguments of the parties, we affirm.

Relevant Facts and Procedural History

In the early morning hours of July 30, 2006, Daniel Chaplain, was carjacked at gunpoint when he stopped at a red light at South Robertson and Poland Avenue. He immediately called 911, his description of the vehicle was quickly disseminated by radio, and within minutes Officer Nathaniel Thomas Joseph of the New Orleans Police Department (NOPD) attempted to pull the vehicle over after spotting it in the vicinity of St. Claude and Franklin. The perpetrators failed to comply and a chase ensued, ending quickly when the vehicle crashed into a corner store at 2622 St. Claude Avenue. The two occupants of the truck jumped out and ran through the backyards, jumping fences, of Port Street and St. Claude Avenue. Officer Joseph’s pursuit was unsuccessful and he returned to the corner of Port Street and St. Claude Avenue.

12Based on the description, however, several National Guardsmen (patrolling the streets in post-Katrina New Orleans) apprehended the defendant near Clouet and North Villere Streets and brought him to Port Street and St. Claude Avenue where both the victim and Officer Joseph identified him.

On August 30, 2006, the defendant was charged by bill of information with one count of armed robbery and, at his arraignment on November 20, 2006, he pleaded not guilty. The defendant filed motions for a preliminary hearing and to suppress the identification but, after a hearing on August 26, 2008, at which Mr. Chaplain and Officer Joseph testified, the trial court found probable cause and denied the motion to suppress. At the end of a two day trial, a jury found the defendant guilty as charged on March 12, 2009. On March 30, 2009, the trial court sentenced the defendant to ten years at hard labor without the benefit of probation, parole or suspension of sentence, to be served consecutively with any other sentences.

In his sole assignment of error on appeal, the defendant argues that the trial court erred in denying his motion to suppress the identification.

Applicable Law

The trial court’s determination of the admissibility of identification evidence is entitled to great weight and will not be disturbed in the absence of an abuse of discretion. State v. Stovall, 2007-0343, p. 17 (La.App. 4 Cir. 2/6/08), 977 So.2d 1074, 1085. Generally, one-on-one identifications, although not favored, are permissible when justified by the circumstances, particularly when the accused is apprehended within a short time after the occurrence and is returned to the crime scene. State v. Woodberry, 95-2402, p. 5 (La.App. 4 Cir. 12/27/96), 686 So.2d 984, 988.

|sThe defendant bears the burden of proof on a motion to suppress an out-of-court identification. State v. Thibo-[161]*161deaux, 98-1673, p. 20 (La.9/8/99), 750 So.2d 916, 932; La.Code Crim. Proc. art. 703(D). The defendant must first prove that the identification procedure was suggestive. Id. (citing State v. Prudholm, 446 So.2d 729, 738 (La.1984)). An identification procedure is suggestive if, during the procedure, the witness’ attention is unduly focused on the defendant. Thibodeaux, 98-1673, at p. 21, 750 So.2d at 932 (citing State v. Robinson, 386 So.2d 1374, 1377 (La.1980)). In addition to suggestiveness, a defendant must prove that there was a substantial likelihood of mis-identification as a result of the identification procedure. Id. (citing Prudholm, 446 So.2d at 738). Even if an identification procedure is suggestive, the identification may be admissible if there does not exist a “very substantial likelihood of irreparable misidentification.” Id. (quoting Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977)). In order to determine whether the identification presents a substantial likelihood of misidentification, courts must look at the totality of circumstances, and consider the following factors: (1) the victim’s opportunity to view the defendant at the time the crime was committed; (2) the degree of attention paid by the victim during the commission of the crime; (3) the accuracy of any prior description; (4) the level of the victim’s certainty displayed at the time of the identification; and (5) the length of time elapsed between the crime and the identification. Manson v. Braithwaite, 432 U.S. at 116, 97 S.Ct. 2243.

Discussion

The following evidence was adduced at the motion hearing.

Detective Nathaniel Thomas Joseph testified that after receiving the description of the perpetrator of a carjacking that occurred at the corner of N. |4 Claiborne and Poland Avenues at approximately 3:50 a.m. on July 30, 2006 (a black male with a black handgun wearing a white t-shirt and short blue jeans driving a grey four door Sierra pickup truck with tinted windows and a purple hitchlight), he saw the vehicle in the area of St. Claude and Franklin Avenues, minutes away from where the carjacking occurred. He broadcast that he had found the vehicle and attempted to pull it over. The driver did not comply. A chase ensued, but the vehicle ran into a corner store at 2622 St. Claude Avenue, half a block away. The two occupants in the vehicle ran away, in the area of Port Street and St. Claude Avenue, jumping the fences of back yards. Officer Joseph chased, focusing on the driver, but was unable to keep up. He also called for backup, which was slowed down by a passing train. Officer Joseph returned to the corner of Port Street and St. Claude Avenue. The victim was taken to the same location, but Officer Joseph did not speak to him.

After the defendant was apprehended by several National Guardsmen near Clouet and N. Villere Streets because he fit “the description,” Officer Joseph _ received a call from the National Guard, describing the detainee as black, with dreadlocks, a white t-shirt, jeans shorts, and bleeding. Officer Joseph identified the apprehended individual (the defendant) as the driver who escaped from the vehicle. He was dirty, sweaty, and bleeding with a laceration, “maybe in his forearm,” for which he received stitches at the hospital. Officer Joseph opined that the laceration may have been a result of jumping fences during the escape.

Officer Joseph also participated in the show-up identification of the defendant by the victim. According to Officer Joseph, when the victim identified the defendant, the defendant was handcuffed and bleed[162]*162ing, a light was shone on him, and he (Officer Joseph) and other police officers were near the defendant. |sOfficer Joseph heard the victim positively identify the defendant as the person who placed a gun on him and stole his vehicle. Because he was a juvenile at the time, the defendant was not questioned at the scene. Officer Joseph identified the defendant in court.

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Bluebook (online)
50 So. 3d 158, 2009 La.App. 4 Cir. 0922, 2010 La. App. LEXIS 334, 2010 WL 830964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-lactapp-2010.