State v. Roussel

767 So. 2d 811, 0 La.App. 5 Cir. 192, 2000 La. App. LEXIS 1856, 2000 WL 1022159
CourtLouisiana Court of Appeal
DecidedJuly 25, 2000
DocketNo. 00-KA-192
StatusPublished
Cited by4 cases

This text of 767 So. 2d 811 (State v. Roussel) 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. Roussel, 767 So. 2d 811, 0 La.App. 5 Cir. 192, 2000 La. App. LEXIS 1856, 2000 WL 1022159 (La. Ct. App. 2000).

Opinion

IgGOTHARD, Judge.

In this criminal matter defendant, Robert Roussell, appeals his conviction and sentence resulting from a charge of simple burglary of an inhabited dwelling in violation of LSA-R.S. 14:62.2. For reasons that follow, we affirm.

The record before us shows that defendant was charged by bill of information along with a co-defendant, Rodrigo Conner, with the crime in connection with a burglary at the apartment of Paquita Hardin on March 8, 1999.1 After a jury trial, defendant was found guilty as charged and in due course sentenced to serve twelve years at hard labor, the first year to be served without benefit of parole, probation or suspension of sentence. The | ¡^defendant objected to the sentence on the ground that it was excessive, and later filed a written motion to reconsider sentence. That motion was denied. He also filed a motion for appeal.2

Subsequently, the state filed two bills of information charging defendant with being a fourth felony offender. Defendant denied the allegations in the last-filed multiple bill, and filed a written response to the bill. After a hearing on the matter, the trial court determined defendant was properly advised of his constitutional rights as set forth in the minute entries and/or commitments, and waiver of rights forms. Accordingly, the court found sufficient evidence that the predicate pleas were constitutionally valid. The trial judge further found sufficient evidence to support the adjudication, as alleged from the expert and documentary fingerprint evidence presented. After adjudicating defendant as a multiple felony offender, the trial court vacated the previous sentence and sentenced defendant to life in prison without benefit of parole, probation, or suspension of sentence.

FACTS

At the trial on the merits, the state sought to prove that the two defendants, together with two accomplices, kicked in the front door of Paquita Harden’s apartment with the intent to commit a theft or felony therein. The state also sought to prove that defendant, a principal, was the lookout. In order to do so, the state presented evidence from Tammy Gordon, who testified that she lives next door to Ms. Harden’s apartment. |4The apartment building is a one-story building with two apartments in the front and two in the rear of the building. Ms. Gordon’s apartment and Ms. Harden’s apartment share a common wall. At about 12:50 p.m. Ms. Gordon was at home watching television when she heard a loud noise, which sounded like someone kicking in the door. She [813]*813also heard ransacking in the apartment with drawers being opened. Ms. Gordon stated that it sounded like someone was tearing down walls and clanging clothes hangers. Ms. Gordon called Ms. Harden, but no one answered. Because she was unable to reach her neighbor Ms. Gordon called the police, who arrived within two to three minutes. She looked out of her front window and saw no one. She also stated that the parking lots in front of her building and surrounding buildings were empty.

Ms. Gordon testified the victim’s brother also spent time in the apartment, and stated that she had seen his car, a burgundy Camry, earlier that morning. She heard the brother leave around 11:15 to 11:30. Ms. Harden left early that morning.

Ms. Harden testified that she lived in Apartment D, a front apartment on Pailet Street. In March, she lived with her two children in the apartment. She also stated that her brother, Mohammed Jones, had a key and stayed there occasionally. She was aware her brother was at her apartment on the day of the incident, but she was not present when her brother was there. She stated that at the time of the burglary, no one was at home.

When she returned home after the incident she found her apartment ransacked. Her sofa was overturned and the air conditioner was broken. |sCIothing was scattered around the apartment. She testified that was not the condition of her apartment when she left that day. The cloth covering the bottom of the sofa was torn and the sofa’s springs were broken. She did not have anyone examine the sofa to determine if it could be repaired, she discarded it. Photographs of the condition of the apartment after the incident were shown to the jury and introduced into evidence.

Ms. Harden further testified that, although her furniture was damaged and much of it had to be replaced, nothing was taken from her apartment. The items replaced included the sofa, loveseat, tables, and coffee table. She stated she did not give these individuals permission to damage her apartment or to be inside the apartment.

Ms. Harden further testified her television and stereo were thrown, but not taken. It appeared that someone was searching the apartment in order to steal something. She explained that she routinely hid items because this incident was not the first. However, she knew of no reason someone would come to her apartment and merely turn furniture upside down.

When she left the apartment that day, no one was in the apartment. She surmised that the robbers could not remove anything from the apartment because of the policemen’s timely arrival. She assumed her brother knew the co-defendant, Conner, because she heard her brother tell police officers that Conner paged him and her brother returned the call. However, she knew nothing about the relationship between the two men. She learned Conner’s name the date of the incident, when she heard his name mentioned at the scene.

IfiMs. Harden testified that the only item her brother had in the apartment was a gun which was kept in a plastic cabinet in her bedroom, where she kept her baby’s clothes. The gun was located on top of a high cabinet. After the entry, the gun was not in the same location. Instead, police discovered it in a box near the door.

She further testified that two or three weeks before the incident, she saw the co-defendant in front of her complex in a four-door, teal blue car. At the time she saw him, she did not know his name.

Deputy Joseph Ortega testified he responded to the call from Ms. Gordon, at approximately 12:53 p.m., arriving at the location approximately two minutes later. Deputy Ortega explained that Apartments A and D are in the front, and B and C are in the rear. A yard and a cemetery are [814]*814behind the rear apartments. Directly behind the apartment complex is another residence, and there is another set of houses before the street. When he arrived, he saw Deputy Ragas, who arrived approximately 15 to 20 seconds earlier. Deputy Ragas had walked to the rear of the complex in search of the correct apartment. Deputy Ortega came in contact with Conner shortly thereafter. Approximately 30 minutes after his arrival, Ms. Harden arrived.

Deputy Ortega testified that when he approached the apartment, Deputy Ragas’ car was on the side of the apartment. Defendant was standing approximately three feet from the doorway of Apartment D at the corner of the apartment building when Deputy Ortega started walking up to the apartment. Deputy Ortega stated that initially he did not think defendant was involved in the burglary. Defendant walked around the side alley of the complex. As he did so, Deputy Ortega saw the door close and [7three black males exit the apartment. One of the men walked to the left of the apartment and stopped. The other two walked down the street. At the time, Deputy Ortega was only a “matter of feet” from Apartment D.

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Bluebook (online)
767 So. 2d 811, 0 La.App. 5 Cir. 192, 2000 La. App. LEXIS 1856, 2000 WL 1022159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roussel-lactapp-2000.