State v. Small

189 So. 3d 1129, 2016 La. App. LEXIS 323
CourtLouisiana Court of Appeal
DecidedFebruary 24, 2016
DocketNo. 50,388-KA
StatusPublished
Cited by7 cases

This text of 189 So. 3d 1129 (State v. Small) 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. Small, 189 So. 3d 1129, 2016 La. App. LEXIS 323 (La. Ct. App. 2016).

Opinion

BROWN, C.J.

11 Defendant, Delanee Small, charged with one count of armed robbery, was convicted by a jury of a lesser and responsive charge of first degree robbery. The state filed a third-felony habitual offender bill. The trial court sentenced Small as a third felony offender to life imprisonment at hard labor without the benefit of parole.1 Small has appealed both his conviction and sentence. We affirm.

Facts

On the afternoon of Augüst 24, 2014, Michael “Cade” Anderson, age 17, called a man named “Debo” to purchase some marijuana. Anderson and his friend, Michael Dunman, met Debo at the Citgo gas station on Line Avenue in Shreveport, La. Anderson gave Debo $20 and said he “wanted a gram (of marijuana).” Debo told Anderson that they had to go pick up the marijuana; so Debo and another man got into the back seat of Anderson’s car. Debo had Anderson drive down East 79th Street and stop at a dead end. When Anderson stopped the car, he saw that the other man had a silver revolver with a red grip. Debo advised Anderson that they had to go get the marijuana, and the two men got out of Anderson’s vehicle and entered a nearby house.

Upon their return, Debo and the other man got into Anderson’s car. At that point, Anderson noticed that Debo was now the person holding the gun. Debo took the gun , and pushed it against Anderson’s head, telling Anderson that he needed $1,000 “by the end of the hour or everybody was going to die.” Anderson gave “Debo” $60, Anderson’s' friend gave “Debo” 12$40, and Debo took three bottles of cologne, a. pair of Ray-Ban sunglasses and the. contents of a coin jar in Anderson’s car, After Debo and the other, man took the items, they told Anderson that it wasn’t enough and instructed Anderson to go to an ATM to withdraw money from his bank account. Anderson drove to the Community Trust Bank and tried to withdraw $500, but he only had a balance of $0.42.2

Debo took Anderson’s phone, got its password, and told Anderson to call everyone he knew to try to get $1,000. Anderson made a number of phone calls to friends in an effort to obtain the money, but was unsuccessful. Anderson testified that Debo told him that things were “about to get bad” if Anderson failed to get him the money and threatened to slit Anderson’s throat. Debo also threatened Anderson’s family. Anderson continued to drive around the Shreveport area until Debo told him to drive to the Mount Olive Baptist Church near Caddo Middle Magnet. When they arrived at the church, Debo and the other man used towels in Anderson’s car to wipe the car down, exited, the vehicle, got into a red Pontiac, and drove off. Anderson testified that Debo and the other man were in the car with Anderson for about an hour and 15 minutes.

Anderson then drove to Michael’s house and the two teens disclosed the events of the afternoon to Michael’s father, Jeffery Dunman. Mr. Dunman had Anderson call the police, and drove Anderson back to the Citgo to give a statement to officers.

[1132]*1132| sAnderson provided the police with a description of Debo and the phone number Anderson used to call him. Police were able to match the Debo alias and phone number to Delance Small. Shreveport police subsequently arrested Small on September 4, 2014.

Small was charged by bill of information3 with one count of armed robbery pursuant to La. R.S. 14:64. On February 9, 2015, the day that trial was to commence, the trial judge heard and ruled on a number of pretrial motions submitted by Small’s counsel which had been filed in September and October 2014 but had not been addressed prior to trial.

Prieur Motion & Hearing

As part of the hearings on the litany of pretrial motions, the trial court heard arguments on a Prieur motion. Small’s counsel argued that the defense was entitled to a La. C.E. art. 404(B) notice pursuant to State v. Prieur, 277 So.2d 126 (La.1973). Small requested that, because the state had not filed a La. C.E. art. 404(B) notice and no pretrial hearing had been held, the trial court should prohibit the state from presenting any La. C.E. art. 404(B) other crimes evidence at trial. In response, the state asserted that it did not file a Prieur notice because it had no intention of introducing any La. C.E. art. 404(B) evidence.

The trial court denied Small’s Prieur motion as moot. |4SmaIl’s counsel objected to the court’s ruling. Thereafter, there was some discussion about the exact parameters of the defense’s request for a La. C.E. art. 404(B) notice. The state appeared to be confused about what the defense counsel was asking for, and the following exchange ensued:

ADA Hill4: Your Honor, just to clarify, I’m not really sure what it is that Defense Counsel is asking for because he’s not being very specific.
McClatchey: Your Honor, I’m asking that the Court bar the State from producing any 404(B) evidence at trial.
ADA Prudhomme: ... I understand Mr. McClatchey’s motion. I understand his request. I also understand what 404(B) allows and does not allow. In this case ... it is my understanding that the victim (Anderson) in this case encountered the defendant prior to the date of the incident wherein which a (cell phone) number was exchanged. No other crimes were discussed, but implied. But there was no mention of it, there was no discussion of it. So if the previous encounter between the two individuals, is what Mr. McClatchey is directing this at, we just want the Court to be made aware of that when our victim takes the stand, he will say that he met the defendant prior to the date of the robbery, and the conversation that he did have, but that conversation does not involve any discussion of any other crime ...
COURT: Is that what you’re (defense counsel) asking?
[1133]*1133MCCLATCHEY: No, Your Honor, Pm asking that the Court grant my motion and prohibit the State from putting on any 404(B). We have a right to that, and we request that the Court grant the- motion.

After this colloquy, the trial judge reiterated that she would deal with any “other crimes” evidence “if and when it comes up during the trial.”

15Small’s jury trial commenced on February 10, 2015. During Anderson’s testimony, he described the prior contact between him and Small:

ADA: How is it that you know this individual [Small]?
ANDERSON: I met him in July at the Raceway on East 70th Street. I walked out of the store and he was standing outside by a car and he stopped me and asked if I ever needed any marijuana to call him, and he gave me his number. And he had been texting me prior to August 24th (the date of the instant crime). .
ADA: And you said he texted you prior to that date. What did he text you?
ANDERSON: He would say, like, What up? What’s up, man? And then I wouldn’t reply. And then on August 24th I called him and talked to him.

Det. Turpén also testified as to Anderson’s prior contacts with Small:’

ADA: You indicated that jAnderson] told you he had went to [the Citgo] to purchase narcotics. Did [Anderson] say that he knew who he was purchasing these narcotics from? '

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Cite This Page — Counsel Stack

Bluebook (online)
189 So. 3d 1129, 2016 La. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-small-lactapp-2016.