State v. Robinson

105 So. 3d 751, 2012 WL 4513591, 2012 La. App. LEXIS 1242
CourtLouisiana Court of Appeal
DecidedOctober 3, 2012
DocketNo. 47,427-KA
StatusPublished
Cited by13 cases

This text of 105 So. 3d 751 (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, 105 So. 3d 751, 2012 WL 4513591, 2012 La. App. LEXIS 1242 (La. Ct. App. 2012).

Opinion

DREW, J.

lx John Love Robinson was convicted of possession with intent to distribute heroin, in violation of La. R.S. 40:966(A)(1).

The defendant was convicted on January 30, 2008.

Subsequently adjudicated as a fourth-felony habitual offender, defendant was sentenced to life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence.

Defendant appealed. His conviction was affirmed, but his habitual offender adjudication and sentence were vacated, with the matter being remanded for a new habitual offender proceeding. State v. Robinson, 46,091 (La.App.2d Cir.4/20/11), 63 So.3d 1113, writs denied, 2011-0901 (La.11/23/11), 76 So.3d 1148, and 2011-1016 (La.11/23/11), 76 So.3d 1149.

At the second habitual offender hearing, defendant was adjudicated as a second-felony offender and was sentenced to serve 40 years at hard labor, with the first five years to be served without the benefit of parole, probation or suspension of sentence. The remaining 35 years were imposed without benefit of probation or suspension of sentence.

Defendant now appeals his habitual offender adjudication and sentence.

[753]*753Finding no merit to the confusing and repetitive pro se assignments of the defendant, we dispose of each adverse to his position. We further vacate the habitual offender adjudication and remand for further proceedings.1

| .FACTS

On January 30, 2008, defendant was convicted at jury trial of possessing heroin with intent to distribute, the crime having occurred on January 5, 2006.

On March 3, 2008, the state filed a habitual offender bill of information charging the defendant as a fourth-felony habitual offender.

On February 5, 2009, Robinson was sentenced to 20 years at hard labor without benefits, and ordered to pay a fine of $20,000.00 and court costs, or in default thereof to serve three years in the parish jail.2

On November 12, 2009, the habitual offender hearing was held.

On December 17, 2009, the trial court adjudicated him as a fourth-felony habitual offender.

On March 8, 2010, Robinson was sentenced to serve life imprisonment without the benefit of parole, probation or suspension of sentence.

Robinson appealed, arguing the following: (1) that the trial court erred in denying his motion to suppress; (2) that the defendant was denied his right to a fair trial; and (3) that the trial court erred by adjudicating the defendant a fourth-felony habitual offender. Robinson’s conviction was affirmed, but this court determined that the trial court committed error patent by failing to advise the defendant of his right to remain silent prior to his habitual offender hearing. Therefore, the defendant’s admission that he | .committed one of the predicate offenses was improperly obtained. Accordingly, the case was remanded for a new habitual offender hearing and resentencing. The Louisiana Supreme Court denied Robinson’s request for review. Accordingly, his conviction is final.

On December 5, 2011, the trial court conducted a new habitual offender hearing, as ordered by this court.

Deputy Owen McDonnell, an expert in fingerprint analysis, identified the exhibit previously admitted as State’s Exhibit 1, a set of fingerprints taken from Robinson at the previous habitual offender hearing. McDonnell then identified the exhibit previously admitted as State’s Exhibit 2, an FBI fingerprint card relating to a Shreveport, January 5, 2006, arrest of a “John L. Robinson” for distribution of heroin. Deputy McDonnell stated that he compared State’s Exhibit 1 and 2 and concluded that the fingerprints on each were made by the defendant.

McDonnell also identified an exhibit previously admitted into evidence, as State’s Exhibit 3, a packet from Smith County, Texas, 114th District Court, relating to a guilty plea for possession of a controlled dangerous substance on June 29, 1998. He testified that the fingerprints found in State’s Exhibit 3 matched those from State’s Exhibit 1. The judgment for the conviction, however, did not specify that Robinson was apprised of his right to remain silent prior to pleading guilty.

[754]*754McDonnell identified an exhibit previously admitted into evidence as State’s Exhibit 4, a packet containing a judgment from the United States District Court, Western District of Louisiana, dated March 16, 1988, [ indicating guilty verdicts for a “John L. Robinson” for one count of possession with intent to distribute cocaine, two counts of possession of marijuana, and one count of use of firearms during a drug trafficking crime. The packet also contained an indictment for the four charges and a separate laminated fingerprint card, created by the DEA, relating to an arrest on August 19, 1987, for possession of cocaine with intent to distribute, possession of marijuana and the use of a firearm during commission of a drug felony. The judgment of conviction revealed that Robinson was sentenced to serve the following: (1) 10 years’ imprisonment for the possession with intent to distribute cocaine conviction, and five years’ supervised probation following release from that term; (2) two years’ imprisonment for the first count of possession of marijuana; (3) two years’ imprisonment for the second count of possession of marijuana; and (4) five years’ imprisonment, without the benefit of probation, parole or suspension of sentence for the use of a firearm during commission of a drug felony conviction. All sentences were ordered to be served concurrently with the other sentences. The packet did not indicate when Robinson was discharged from custody or supervision. This is a crucial point.

McDonnell matched the fingerprints on the fingerprint card in State’s Exhibit 4 with the fingerprints in State’s Exhibit 1.

McDonnell identified an exhibit previously admitted into evidence as State’s Exhibit 5, a packet containing a judgment from the United States District Court, Northern District of Texas, finding a “John L. Robinson” guilty of possession of phenmetrazine tablets and cocaine, dated February [⅞13, 1981. The packet also contained a fingerprint card for an arrest for possession with intent to distribute heroin on November 7,1980. McDonnell testified that the fingerprints on the fingerprint card in State’s Exhibit 5 matched those on State’s Exhibit l.3 The trial court deferred its ruling to a later date.

On December 7, 2011, the trial court ruled that the June 29, 1998, possession conviction could not be used by the state as a predicate offense because the record failed to indicate that Robinson was advised of his right to remain silent prior to pleading guilty in that matter. The trial court further held that the 1981 conviction for possession of phenmetrazine tablets and cocaine could not be utilized because the state failed to prove the connection between the conviction and the arrest card (containing Robinson’s fingerprints) for possession with intent to distribute heroin. The trial court adjudicated Robinson as a second-felony offender based on his 1988 convictions for one count of possession with intent to distribute cocaine, two counts possession of marijuana, and one count of use of firearms during a drug trafficking crime. The trial court noted that Robinson had been sentenced to serve 10 years and 5 years, consecutive, for the 1988 convictions.

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Cite This Page — Counsel Stack

Bluebook (online)
105 So. 3d 751, 2012 WL 4513591, 2012 La. App. LEXIS 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-lactapp-2012.