State v. Sanders

101 So. 3d 994, 12 La.App. 5 Cir. 114, 2012 WL 3970974, 2012 La. App. LEXIS 1135
CourtLouisiana Court of Appeal
DecidedSeptember 11, 2012
DocketNo. 12-KA-114
StatusPublished
Cited by2 cases

This text of 101 So. 3d 994 (State v. Sanders) 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. Sanders, 101 So. 3d 994, 12 La.App. 5 Cir. 114, 2012 WL 3970974, 2012 La. App. LEXIS 1135 (La. Ct. App. 2012).

Opinion

MARC E. JOHNSON, Judge.

|2Pefendant, Victor Sanders, appeals his convictions for attempted armed robbery and attempted simple escape. For the reasons that follow, we affirm.

Defendant was charged in a bill of information on May 6, 2011 with attempted armed robbery in violation of La. R.S. 14:27 and 14:64 and attempted simple escape in violation of La. R.S. 14:27 and 14:110. He pled not guilty and filed several pre-trial motions, including motions to suppress his statement and the evidence which were denied after a hearing. He initially proceeded to trial on August 25, 2011, but a mistrial was declared prior to the seating of a jury. Defendant again proceeded to trial on September 27, 2011. After a two-day trial, a 12-person jury found defendant guilty as charged on both counts. The trial court subsequently sentenced defendant to ten years imprisonment for his attempted armed robbery conviction and two years imprisonment for his attempted simple escape conviction, which was ordered to run consecutively to his ten-year sentence on count one.

FACTS

In March 2011, Detective Daniel Dar-bonne was working as an undercover narcotics detective with the Gretna Police Department when he met and purchased marijuana from Stacy Mason. On occasion, Mason put Detective Darbonne in contact with other people from whom Detective Darbonne purchased marijuana. 13According to Detective Darbonne, Mason received “kickbacks” from the sellers for purchases he made.

At some point during Detective Dar-bonne’s month-long association with Mason, Mason indicated she knew someone who would sell two pounds of marijuana for $800 per pound. Detective Darbonne expressed an interest and Mason put him in contact with defendant. Defendant first contacted Detective Darbonne on his cell phone via text message and instructed Detective Darbonne to contact him. The two subsequently spoke on the phone at which [997]*997time defendant advised he had two pounds of marijuana that he would sell for $800 per pound. Detective Darbonne suggested they meet at Brother’s Food Store on Veterans Hwy. for the “buy,” but defendant did not want to meet there because he believed there were too many police in that area. Instead, defendant wanted to meet at the Winn-Dixie on Williams Blvd. The two agreed to meet at the Winn-Dixie the next day at 1:00 p.m. These phone conversations between Detective Darbonne and Mason and Detective Darbonne and defendant were recorded and admitted into evidence and played for the jury.

The following day, March 18, 2011, at the designated time, Detective Darbonne, accompanied by Detective Steve Arnold of the Jefferson Parish Sheriffs Office, went to the Winn-Dixie where a surveillance team was in place. When the detectives arrived at the Winn-Dixie, defendant called Detective Darbonne and changed the meeting location to Brother’s on Veterans Blvd. Detective Darbonne notified the surveillance team and proceeded to the Brother’s Food Store despite his “gut feeling” that something was not right. He explained that there was the possibility of a “rip off’ in light of the last minute changes and because he did not know the person who had agreed to sell him a large amount of marijuana.

14At Brother’s, Detective Darbonne pulled into a parking space and waited for defendant. Defendant arrived and pulled his vehicle alongside the detectives. He asked Detective Darbonne if he had the money and if he was ready to do the deal, to which Detective Darbonne affirmatively responded. Defendant then pulled his vehicle into another parking spot, called the detective on his phone, and told the detective to meet him in the store. Detective Darbonne went into the store where the two shook hands. Detective Darbonne noted that defendant’s hands were sweaty. Defendant then instructed the detective to meet him inside his vehicle.

Once inside defendant’s vehicle, Detective Darbonne asked to see the marijuana. Defendant responded that he did not have the marijuana there. Defendant then asked if the detective had the money and Detective Darbonne stated it was not on his person but he had it nearby. The two further negotiated and defendant agreed to reduce the price by $100, but stated they had to go to his place, which was one street over, where the marijuana was located. Detective Darbonne testified that it was sounding more and more like a “rip off.” He noted that this was the second time defendant changed the plans. However, he agreed to meet defendant at the third location, which was 2601 Huntsville.

Detective Darbonne returned to his vehicle and used his radio to advise the surveillance team of the change. The surveillance team relocated to the area, which was a dead-end street with townhouses. Detective Darbonne explained that through his training he knew that deals “go bad” on dead-end streets. He stated defendant parked in an area with high grass near a dilapidated residence that appeared abandoned.1 Detective Dar-bonne turned his vehicle around at the dead-end street in case he needed to escape and started looking for defendant when his phone rang. It was defendant telling the detective to meet him in the back.

IsDetective Arnold, who was in the backseat of the vehicle, testified the situation [998]*998was looking more like a robbery and he felt they were being set up for an ambush because defendant had changed the plans several times and would not come out to the street to meet them. Both detectives then saw defendant standing in the back alleyway trying to conceal a knife in his left hand by holding it alongside his leg. Detective Darbonne immediately advised on his radio that this was a “rip off,” and he and Detective Arnold left the location. Detective Darbonne testified that all the “flags” indicated defendant intended to rob them.

A few minutes later, defendant left the area in his vehicle and was stopped by officers two blocks away. Defendant was arrested for conspiring to distribute marijuana and advised of his Miranda2 rights. Defendant denied having any marijuana and told the officers they could search his vehicle. While standing outside the vehicle, Detective Ashton Gibbs noticed a knife in plain view on the center console. The car was subsequently searched and no marijuana was found. A set of keys was found on defendant but did not open the Huntsville residence. Defendant was never linked to any of the townhouses on Huntsville, but rather was linked to an address in LaPlace.

Defendant was transported to the Gret-na Police Department Detective Bureau and placed in a holding cell. In order to secure defendant to an eyebolt in the holding cell, Detective Alfred Disler uncuffed defendant’s right hand. When he did so, defendant used his left arm to elbow the detective in his side, causing him to fall into the doorway. According to Detective Disler, defendant then tried to go towards the threshold of the door to get out of the cell. Detective Disler grabbed defendant by his shirt at which time defendant took a swing at him. A physical altercation ensued until defendant was subdued by the assistance of other | (¡officers. Defendant was later examined by EMS and refused to go to the hospital. The attending medical technician testified defendant complained of a gash above his left eye and a Band-Aid was applied.

After the altercation, Detective Gibbs, the arresting officer and lead detective on the case, met with defendant. He noted defendant was crying.

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Related

State v. Reed
185 So. 3d 206 (Louisiana Court of Appeal, 2016)
State v. Williams
119 So. 3d 228 (Louisiana Court of Appeal, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
101 So. 3d 994, 12 La.App. 5 Cir. 114, 2012 WL 3970974, 2012 La. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sanders-lactapp-2012.