State v. Sanford

569 So. 2d 147, 1990 WL 157558
CourtLouisiana Court of Appeal
DecidedOctober 16, 1990
Docket89 KA 1730
StatusPublished
Cited by17 cases

This text of 569 So. 2d 147 (State v. Sanford) 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. Sanford, 569 So. 2d 147, 1990 WL 157558 (La. Ct. App. 1990).

Opinion

569 So.2d 147 (1990)

STATE of Louisiana
v.
Olidas R. SANFORD.

No. 89 KA 1730.

Court of Appeal of Louisiana, First Circuit.

October 16, 1990.

*149 Bryan Bush, Dist. Atty., Baton Rouge by Don Wall, Asst. Dist. Atty., for plaintiff/appellee.

Office of the Public Defender, Baton Rouge, for defendant/appellant.

Before SAVOIE, CRAIN and FOIL, JJ.

SAVOIE, Judge.

Olidas R. Sanford was charged by bill of information with armed robbery, a violation of LSA-R.S. 14:64.[1] After trial by jury, defendant was found guilty as charged and sentenced to serve twenty-five years at hard labor without benefit of parole, probation or suspension of sentence. Defendant has appealed, alleging the following assignments of error:

1. The defendant urges on appeal that the trial court committed error when it denied the defense motion to suppress.
2. The defendant urges on appeal that the trial court committed error when it denied the defense motion for a mistrial.
3. The defendant urges on appeal that the trial court committed error when it adjudged him guilty based upon insufficient evidence.
4. The defendant urges on appeal that the trial court committed error when it imposed an excessive sentence and failed to comply with the sentencing guidelines set forth in Louisiana Code of Criminal Procedure Art. 894.1.

In his brief to this Court, defendant expressly abandoned assignment of error number three; therefore, it is not considered herein.

FACTS

At approximately 4:00 a.m. on the morning of May 3, 1988, an armed robbery occurred at a Super Fresh grocery store located in Baker, Louisiana. DeLaune Hamilton (the victim herein), the co-manager on duty at that time, was stocking a shelf when a black male appeared on the aisle and asked: "Who's the manager?" The man had a bandana covering his face; he rushed to Hamilton, grabbed him by the collar, and started to drag him down the aisle. Hamilton then saw another man standing at the end of the aisle wearing a trench coat. This man pulled the jacket open and pointed a sawed-off shotgun at Hamilton. The victim was ordered to go into the manager's booth and to open the safe. One of the perpetrators then took approximately seven thousand dollars in cash from the safe and put it into a paper bag. Hamilton was then ordered to remain lying on the floor, and the two men fled. Thereafter, Hamilton summoned law enforcement officers to the scene of the crime.

On June 15, 1988, Sgt. David Almond of the Baker Police Department received a phone call from a detective with the Baton *150 Rouge City Police, informing him that they had a suspect of the instant armed robbery in custody. Almond, along with a Captain Funderburk, went to the Baton Rouge City Police Detectives Office where defendant gave them a taped statement describing his and his cohort's participation in the crime charged herein.

DENIAL OF DEFENDANT'S MOTION TO SUPPRESS TAPED CONFESSION

In his first assignment of error, defendant submits that the trial court committed error when it denied his motion to suppress a taped confession. Therein, defendant moved to suppress any oral, written and/or video-taped or recorded confessions which he may have made. Defendant did make several inculpatory statements on the night of his arrest, one of which was tape-recorded by the law enforcement officials from the Baker City Police Department. This taped confession was introduced at trial. However, in his brief to this Court, defendant argues the promises made by Detective Greg Phares of the Baton Rouge City Police induced him into inculpating himself. Defendant specifically alleges Phares informed him that his cohorts were "singing like birds" concerning defendant's involvement in an unrelated robbery and that defendant could save himself by making a statement. Defendant also avers that Phares offered to talk to the district attorney's office on defendant's behalf concerning probation or a lenient sentence and a possible bond reduction. Finally, defendant asserts that the detective offered to set up a day where defendant's mother would be able to visit with defendant at the detective's office instead of parish prison.

In his brief to this Court, defendant asserts that confessions obtained by any direct or implied promises, however slight, or by the exertion of any improper influence, are involuntary and inadmissible as a matter of constitutional law. This rule, while oft cited, has not been liberally applied. See State v. Lewis, 539 So.2d 1199, 1201 (La.1989). Instead, a review of the totality of the circumstances under which the statement is given is still required; any inducement offered to the defendant is but one fact, albeit an important one, in the analysis. State v. Lewis, 539 So.2d at 1201-1202.

Before a confession or inculpatory statement may be introduced into evidence, the State has the burden of affirmatively proving, beyond a reasonable doubt, that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. LSA-R.S. 15:451. Indeed, an essential prerequisite for suppressing a statement on voluntariness grounds is misconduct or overreaching by the police. State v. Schrader, 518 So.2d 1024, 1027 (La.1988). Additionally, the State must show that an accused who makes a statement or confession during custodial interrogation was first advised of his Miranda rights. State v. Sylvas, 558 So.2d 1192, 1196 (La.App. 1st Cir.1990). Once a defendant alleges specific instances of police misconduct in reference to a statement, it is incumbent upon the State to specifically rebut each instance. State v. Sylvas, 558 So.2d at 1196.

However, a statement by a law enforcement officer, prior to a confession, that cooperation would be communicated to possible prosecuting authorities, is not a sufficient inducement to render a subsequent confession inadmissible. State v. Peters, 546 So.2d 829, 832 (La.App. 1st Cir.), writ denied, 552 So.2d 378 (La.1989).

Additionally, the admissibility of a confession is, in the first instance, a question for the trial judge; his conclusions on the credibility and weight of the testimony relating to the voluntary nature of the statement will not be overturned unless they are not supported by the evidence. State v. Sylvas, 558 So.2d at 1196-1197.

Detective Greg Phares testified at the hearing on defendant's motion to suppress that he had issued a warrant for defendant's arrest in connection with an unrelated armed robbery which occurred at a bank. On June 15, 1988, Phares was contacted by Deputy Arkel Merritt of the East Feliciana Parish Sheriff's Office and informed that they had defendant in custody *151 pursuant to that warrant. Phares and Sgt. Pat Englade, also of the Baton Rouge City Police Department, traveled to the East Feliciana Parish Sheriff's Office in Clinton, Louisiana, in order to take custody of defendant. After arriving, Phares and Englade, along with Deputy Merritt, went into a room where defendant was being held, advised defendant of his rights, had defendant execute a waiver of rights form and obtained a statement from defendant concerning an unrelated armed robbery which occurred at a Hibernia Bank. Afterwards, Phares and Englade transported defendant back to Baton Rouge in order to question him further and book him into jail.

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Cite This Page — Counsel Stack

Bluebook (online)
569 So. 2d 147, 1990 WL 157558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sanford-lactapp-1990.