State v. Smith

23 So. 3d 291, 2009 La. LEXIS 2983, 2009 WL 3364347
Supreme Court of Louisiana·Decided October 20, 2009·No. 2007-K-2028·Published·Cited by 27 cases

Opinions

PER CURIAM.1

h The state charged defendant and Raul Jorge Castro by bill of information with armed robbery in violation of La. R.S. 14:64. The cases severed when Castro entered a plea of guilty as charged on the day before trial. Following trial by jury, defendant was found guilty as charged and sentenced to 12 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Defendant appealed her conviction and sentence to the Second Circuit, which found that the evidence presented at trial appeared sufficient to support her conviction as a principal to the crime of simple robbery but not to the charged offense of armed robbery because the state had failed to establish that defendant knew or intended that Castro would arm himself with a gun immediately before confronting the victim in a Wal-Mart parking lot and snatching her purse from a shopping cart within her control. The court of appeal accordingly vacated defendant’s conviction for armed robbery, entered a judgment of guilt for simple robbery in violation of La. R.S. 14:65, and remanded for resentencing. State v. Smith, 42,302 (La.App.2d Cir.8/15/07), 962 So.2d 1190 (Brown, C.J., dissenting from denial of rehearing). We granted the state’s application to review the | gdecision below and reverse because we disagree with the premise of the Second Circuit’s opinion that “[t]o be a principal to armed robbery, the State must prove beyond a reasonable doubt that a defendant knew that her co-offender would arm himself with a dangerous weapon.” Smith, 42,302 at 4, 962 So.2d at 1193.

On a late August afternoon in 2005, Tammy Rogers rolled her shopping cart through a pelting rain storm to the rear of her SUV parked on the lot of a Wal-Mart on Mansfield Road in Shreveport. Rogers held an umbrella against the rain and she had placed her purse on top of the items stacked in the shopping cart. She popped the rear hatch of her vehicle to begin loading her purchases into the back when she noticed a small white car stop nearby. Rogers at first thought the occupants were looking for a shopping cart. Instead, an Hispanic man jumped out of the vehicle, ran around, grabbed Rogers’s purse out of [293] her cart, then jumped back into the car, which sped away. Rogers could not tell whether the man had anything in his hand because he was holding his arm down at his side and the confrontation had happened “very fast.” However, she observed that the vehicle had at least two other occupants.

The Hispanic male was Raul Jorge Castro and, as he admitted when he entered a guilty plea to armed robbery, he had been armed with a small, black powder hand gun. Castro was defendant’s boyfriend and they had arrived in Shreveport only days earlier from Arkansas in a stolen white Kia sedan. They were staying with defendant’s aunt in Shreveport and on the afternoon of August 9, 2005, they drove to the Wal-Mart in the company of Cody Duos, defendant’s 17-year-old cousin, and his younger brother, Dillon. Both boys sat in the back seat of the vehicle as defendant drove and Castro occupied the front passenger seat. Cody Duos testified at trial that along the way, Castro talked about removing the license plate from the car, although they were ostensibly going to the Wal-Mart only to buy some groceries. When they arrived at the Wal-Mart, defendant began driving up and down the parking lot aisles for “like just a little while,” bypassing open parking places as she and Castro discussed looking for people |swith umbrellas. Defendant then stopped briefly and Castro climbed into the back seat of the car. Cody did not notice that Castro had anything in his hand when he joined him in the back seat as defendant continued cruising the parking lot but he heard defendant and Castro discuss that Rogers would be an “easy snatch” when they spotted her. After defendant stopped, Cody noticed for the first time that Castro had a gun in his hand as he stepped out of the car and rushed towards the victim. According to Cody, defendant also got out of the car and went “[straight for the lady’s purse.” He testified that defendant then snatched the purse from the cart as Castro stood next to her with a gun and pointed it at the victim “like a little above her head just a bit.” After defendant and Castro jumped back into their car with Rogers’s purse, defendant “just started driving.... She got lost, and they ditched the purse,” but not before Castro removed Rogers’s check book and several credit cards. Defendant eventually drove to a Kentucky Fried Chicken where they used one of Rogers’s checks to pay for food at the take-out window. Cody testified that as they headed back to the residence of defendant’s aunt, defendant threatened to tie him up and beat him if he mentioned the purse snatching to anyone and Castro drove home the point by waving the gun in his face as he warned that he would kill him and his brother if he talked.

On August 11, 2005, officers from the Caddo Parish Sheriffs Office acted on tips that a redheaded woman and an Hispanic male were passing bad checks and could be found at the address of defendant’s aunt, and located the white Kia parked outside the residence. The officers ran the plate number on the vehicle and determined that it had been reported stolen in Arkansas. They knocked on the door and spoke with defendant’s aunt, who told them that the car belonged to defendant and Castro and that they were staying with her. After speaking with Cody and determining that defendant and Castro had passed a bad check at Kentucky Fried Chicken, the officers ran a check and found out that Tammy Rogers had made a report of a robbery two days earlier. They searched the white Kia and recovered the check book and credit cards taken from Rogers, along with |4two black powder pistols. Cody then led the officers to the location where Castro had discarded [294] Rogers’s purse and the police recovered that item as well. At trial, Cody Duos identified one of the guns as the weapon he had seen in Castro’s hand as he got out of the car and approached Tammy Rogers.

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State v. Smith, 23 So. 3d 291, 2009 La. LEXIS 2983, 2009 WL 3364347 (La. 2009).

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