State v. Roddy

756 So. 2d 1272, 2000 WL 353948
CourtLouisiana Court of Appeal
DecidedApril 7, 2000
Docket33,112-KA
StatusPublished
Cited by63 cases

This text of 756 So. 2d 1272 (State v. Roddy) 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. Roddy, 756 So. 2d 1272, 2000 WL 353948 (La. Ct. App. 2000).

Opinion

756 So.2d 1272 (2000)

STATE of Louisiana, Appellee,
v.
John P. RODDY, Appellant.

No. 33,112-KA.

Court of Appeal of Louisiana, Second Circuit.

April 7, 2000.

*1274 Louisiana Appellate Project by J. Wilson Rambo, Counsel for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Allen Harvey, Assistant District Attorney, Counsel for Appellee.

Before STEWART, PEATROSS and DREW, JJ.

STEWART, J.

After a jury trial, the defendant, John P. Roddy, was convicted as charged of armed robbery, a violation of La. R.S. 14:64. The trial court sentenced the defendant to 20 years at hard labor without benefit of parole, probation, or suspension of sentence. The defendant appeals his conviction and sentence. We affirm.

FACTS

On October 2, 1997, the defendant, John P. Roddy ("Roddy"), his cousin Larry Green ("Green"), and friend Duncan Hicks ("Hicks") traveled by bus from Los Angeles, California to Monroe, Louisiana. The young men intended to stay and visit with Myron Bolden ("Bolden"), a resident of Monroe. After arriving in Monroe, there was discussion among the men regarding bank robberies that had taken place at the Central Bank, now an Iberia Bank branch, located in downtown Monroe. Bolden portrayed the bank as an "easy target." Preparations were then made to rob this bank.

On October 3, 1997, Bolden bought gloves, borrowed a police scanner, and got a handgun and ski masks. Roddy was present when most, if not all, of these items were obtained. A pillowcase was taken from the motel where Duncan Hicks stayed. At approximately 9:00 a.m. on October 3, Hicks and Green entered the lobby of the bank with their faces covered with masks, and with Hicks waving a gun at terrified bank employees and customers. They demanded that the bank employees fill a pillowcase with money. Nearby, Bolden and Roddy waited in the getaway car, a white Chrysler LeBaron four-door. Bolden was driving and Roddy was a passenger in the car.

As Hicks and Green fled the bank on foot, they were followed by a plain clothed police officer, Major James Zambie ("Major Zambie"), who was a customer in the bank lobby when the robbery took place. Hicks and Green headed for the white LeBaron which suddenly drove off as they neared it. Major Zambie followed Hicks *1275 and Green in his unmarked patrol car as long as possible until he lost sight of them. Major Zambie then began to follow the white LeBaron which stopped when he put his emergency lights on. The two occupants of the white LeBaron were Bolden and Roddy. Major Zambie identified Roddy as a passenger in the vehicle. Hicks and Green were quickly apprehended and the money recovered.

On October 21, 1997, Roddy was charged by bill of information with armed robbery under La. R.S. 14:64, to which he entered a plea of not guilty. A jury trial commenced on September 28, 1998. On October 1, 1998, a unanimous jury found Roddy guilty as charged of armed robbery.

The evidence at trial included the testimony of Roddy's accomplices, Hicks and Green, who had entered into plea agreements with the prosecution. Both men testified as to Roddy's knowledge of and active participation in the planning and execution of the robbery. Hicks testified that the first discussion regarding a robbery took place while the men were eating at Church's Chicken. He further testified that Roddy was present when Bolden suggested that the four men rob the bank and when the layout and various details regarding the bank were discussed. Roddy was also present when the scanner, gloves and pillowcase used in the robbery were obtained. According to Hicks, Roddy saw Bolden give him the gun he used in the robbery. Finally, Hicks testified that the plan was that Bolden and Roddy were to wait in the car, around the corner from the bank, to provide the "escape" for Hicks and Green after the robbery. Although Green was less cooperative in responding to the prosecution's questions, his testimony regarding Roddy's involvement in the robbery was consistent with that of Hicks.

During trial, defense counsel made a motion to suppress a statement the defendant gave to police on October 3, 1997. The defense claimed that the recorded statement should have been excluded from the jury's consideration because it was induced by promises of a "deal" and thus involuntarily obtained. The trial judge held a free and voluntary hearing outside the presence of the jury. The lead investigator from the Monroe Police Department, Detective Billy Powell, and two FBI agents testified. These witnesses testified that the defendant signed the waiver of rights form and acknowledged his waiver of the right to remain silent both before and during the taped interview. The defendant was fully advised of his Miranda rights. They further testified that no promises or offers were made to the defendant in their efforts to obtain his statement.

On February 9, 1999, after reviewing the pre-sentence investigation report, the trial judge sentenced the defendant to 20 years at hard labor without benefit of parole, probation or suspension of sentence. At the sentencing hearing, defense counsel made an oral motion for reconsideration of sentence. The trial court denied the motion.

The defendant now claims that the evidence was not sufficient to convict him for the crime of armed robbery, and particularly asserts that the trial court erred in failing to exclude his taped statement from evidence. The defendant also claims that the trial court did not properly articulate its reasons in support of the sentence as required by La.C.Cr.P. art. 894.1 and that the sentence is excessive.

DISCUSSION

Assignments of Error Nos. 1 & 2:

In these two related assignments of error, the defendant challenges the trial court's failure to grant the motion to suppress and the sufficiency of the evidence. The defendant argues on appeal that the *1276 admission of his statement to law enforcement officers was error. He further claims that had the statement been properly excluded, there would have been insufficient evidence presented at trial to support his conviction for armed robbery.

In determining whether a ruling on a motion to suppress is correct, an appellate court is not limited to evidence adduced at the hearing on the motion but also may consider pertinent evidence given at trial. State v. Daniels, 614 So.2d 97 (La.App. 2d Cir.1993), writ denied, 619 So.2d 573 (La.1993). At a hearing on a motion to suppress a confession the state bears the burden of proving beyond a reasonable doubt the free and voluntary nature of the confession. State v. Hills, 354 So.2d 186 (La.1977); State v. Rogers, 476 So.2d 942 (La.App. 2d Cir.1985). Before a confession can be introduced into evidence, the state must affirmatively prove that it was not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La. R.S. 15:451; La.C.Cr.P. art. 703(D). The state must also establish that an accused who makes a statement during custodial interrogation was first advised of his Miranda rights. State v. Walker, 28,577 (La.App.2d Cir.10/4/96), 681 So.2d 1023.

In State v. Jackson, 381 So.2d 485 (La. 1980), and in State v. Morvant, 384 So.2d 765 (La.1980), the Louisiana Supreme Court stated the principles under which the admissibility of a confession must be judged.

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Cite This Page — Counsel Stack

Bluebook (online)
756 So. 2d 1272, 2000 WL 353948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roddy-lactapp-2000.