State v. Sandifer

544 So. 2d 1305, 1989 WL 55262
CourtLouisiana Court of Appeal
DecidedMay 25, 1989
DocketKA-9003, 88-KA-0357, 88-KA-0358 and 88-KA-1363
StatusPublished
Cited by2 cases

This text of 544 So. 2d 1305 (State v. Sandifer) 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. Sandifer, 544 So. 2d 1305, 1989 WL 55262 (La. Ct. App. 1989).

Opinion

544 So.2d 1305 (1989)

STATE of Louisiana
v.
Willie SANDIFER and Willie Trackling.
STATE of Louisiana
v.
Willie R. SANDIFER.
STATE of Louisiana
v.
Willie R. SANDIFER and Robert Sandifer.
STATE of Louisiana
v.
Robert SANDIFER.

Nos. KA-9003, 88-KA-0357, 88-KA-0358 and 88-KA-1363.

Court of Appeal of Louisiana, Fourth Circuit.

May 25, 1989.

*1306 Dwight Doskey, Sherry Watters, Orleans Indigent Defender Program, New Orleans, for appellant Robert Sandifer.

M. Craig Colwart, Orleans Indigent Defender Program, New Orleans, for appellant Willie Trackling.

Scott Gardner, Elizabeth W. Cole, Tulane Law Clinic, New Orleans, for appellant Willie Sandifer.

Harry F. Connick, Dist. Atty., Sandra Pettle, Asst. Dist. Atty., Brian T. Treacy, Asst. Dist. Atty., New Orleans, for appellee.

Before SCHOTT, C.J., and LOBRANO and WARD, JJ.

LOBRANO, Judge.

This case involved a series of armed robberies perpetrated by the defendants herein.

In case No. 317-836, defendants, Willie Sandifer, Willie Trackling, Robert Sandifer and Willie Stevenson, were charged by bill of information with four counts of armed robbery occurring on December 10, 1986 at Ernest's Bar, a violation of La.R.S. 14:64. All defendants pled not guilty at their arraignments.[1] Trial was held on July 16, 1987 against Willie Sandifer and Willie Trackling. On July 17, 1987, the jury found both Sandifer and Trackling guilty as charged on all counts. On August 3, 1987, Sandifer was sentenced to seventy-five (75) years at hard labor on each count without benefit of parole and with credit for time served, the sentences to run concurrently. *1307 Trackling was sentenced to twenty-five (25) years at hard labor on each count without benefit of parole and with credit for time served, the sentences to run concurrently.

In case No. 321-019, defendants, Willie Trackling, Robert Sandifer and Willie Sandifer were charged by bill of information with eleven counts of armed robbery which occurred at Washington's Bar on November 30, 1986, violations of La.R.S. 14:64. At their arraignments all three defendants pled not guilty. Trial was held on September 16, 17 and 18, 1987 on counts 1 thru 10. Counts 3, 6 and 11 were severed. The jury found Willie Trackling not guilty on all counts. Willie Sandifer and Robert Sandifer were found guilty on all counts.

On October 27, 1987, Willie Sandifer was sentenced to seventy-five years (75) at hard labor on each count without benefit of parole and with credit for time served, sentences to run concurrently. Robert Sandifer was sentenced to thirty-five (35) years at hard labor on each count without benefit of parole and with credit for time served, sentences to run concurrently.

In case No. 317-946, Willie Sandifer and Willie White were charged by bill of information with five counts of armed robbery which occurred at Ronnie Joe's Bar on December 5, 1986, violations of La.R.S. 14:64. Both defendants pled not guilty at their arraignment. On October 27, 1987, the trial court granted White's motion to sever. Trial then proceeded against Sandifer. On October 28, 1987, the jury found Sandifer guilty as charged on three counts and not guilty on one count. One count was nolle prosequied.

Sandifer was sentenced on December 3, 1987 to seventy-five (75) years at hard labor on each count with credit for time served—sentences to run concurrently.

In case No. 317-951, Robert Sandifer was charged by bill of information with being a convicted felon in possession of a firearm, a violation of La.R.S. 14:95.1. At his arraignment he pled not guilty. Following a judge trial he was found guilty as charged. He was sentenced to five years at hard labor without benefit of parole and with credit for time served.

FACTS:

The facts surrounding the various robberies for which defendants were convicted are as follows:

WASHINGTON'S BAR

On November 30, 1986 at approximately 7:30 p.m., a black male, later identified as Robert Sandifer, entered Washington's Bar located at 2607 Lafitte Street in New Orleans. He proceeded to use the men's room and then exited the bar. He immediately re-entered the bar accompanied by two other black males. One of the trio, later identified as Willie Sandifer, held a gun and ordered everyone to "hit the floor." He then went behind the bar and ordered the barmaid to empty the cash register. The third man then approached each patron and took their money and jewelry. The three men then left the bar. The barmaid called the police.

RONNIE JOE'S BAR

On December 5, 1986, at approximately 5:30 p.m., a black male entered Ronnie Joe's Bar located at 1731 Bienville Street in New Orleans. He proceeded to use the men's room and then exited the bar. He immediately re-entered the bar accompanied by two other black males. One of the men, later identified as Willie Sandifer, held a gun and ordered the patrons to "hit the floor". He then went behind the bar with the barmaid and removed the money from the cash register. He then followed the barmaid to a back room and took money that was kept there. The three men then took money and jewelry from the bar patrons and fled. The police were summoned.

ERNEST'S BAR

On December 10, 1986, during an investigation into several armed robberies which occurred at the Jewel Box Bar, Detective Herman Cade and several other police officers learned from one of the victims that Willie Stevenson, a former classmate of the victim, was one of the armed robbers. The Jewel Box Bar robberies were carried out in a similar manner to those at Washington's *1308 Bar and Ronnie Joe's Bar. As a result of that information, the officers put together a photo line up and brought it to the witness at his place of employment. The witness positively identified Willie Stevenson as one of the men who robbed him. The officers then obtained an arrest warrant for Stevenson.

The officers went to the Florida and Desire projects in search of Stevenson. During this search, Detective Cade was brought to an informant who knew of Stevenson's whereabouts. Cade told the informant that Stevenson was wanted for armed robbery. The informant then told Cade the other robbers were Willie Sandifer, Willie Trackling, Robert Sandifer and someone named "Jo Jo". The informant described Willie Sandifer as the "fat guy". He informed Cade that these men "hung out" with Stevenson at Sonny's Bar and Pool Hall located at the corner of Desire and Law Streets. Later that night, and based on the informant's information, Cade and several other officers set up a surveillance of Sonny's Bar and Pool Hall. During the surveillance, the officers heard over the police radio that five black males had just robbed Ernest's Bar in the 1600 block of Galvez Street.

Between 7:00 and 7:30 p.m., two black males entered Ernest's Bar. They ordered a few beers. They then moved in and out and around the bar. Ms. Mary Scears, the barmaid was warned by James Lawhorn, a frequent patron, that several suspicious men were loitering outside. Ms. Scears locked the door (patrons could leave the bar but could only re-enter when the barmaid pressed a buzzer). One of the subjects inside left the bar. He re-entered the bar when the barmaid buzzed the lock to allow another patron, Robert Smith, to enter. The subject then attempted to open the door to allow the men outside entry. Ms. Scears refused to let them inside. At this point, Willie Trackling stuck a gun in Robert Smith's face and ordered Smith to turn over his wallet and his car keys.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Silguero
616 So. 2d 1346 (Louisiana Court of Appeal, 1993)
State v. Green
590 So. 2d 825 (Louisiana Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
544 So. 2d 1305, 1989 WL 55262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sandifer-lactapp-1989.