State v. Tolliver

818 So. 2d 310, 2002 WL 888919
CourtLouisiana Court of Appeal
DecidedMay 8, 2002
Docket35,930-KA
StatusPublished
Cited by13 cases

This text of 818 So. 2d 310 (State v. Tolliver) 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. Tolliver, 818 So. 2d 310, 2002 WL 888919 (La. Ct. App. 2002).

Opinion

818 So.2d 310 (2002)

STATE of Louisiana, Appellee,
v.
Aaron TOLLIVER, Jr., Appellant.

No. 35,930-KA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 2002.

*312 Wilson Rambo, Louisiana Appellate Project, Monroe, for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, J. Michael Ruddick, Cynthia P. Lavespere, Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS and CARAWAY, JJ.

CARAWAY, J.

Defendant was convicted of armed robbery and sentenced to 25 years at hard labor, without benefit of probation, parole or suspension of sentence. Defendant appeals his conviction, contesting the sufficiency of the evidence, and further asserts that his sentence was excessive. For the reasons stated below, defendant's conviction and sentence are hereby affirmed.

Facts

Michael Barron Browning was working the front desk at the Palms Motel in Monroe during the night shift on October 22 and 23, 2000. A little after midnight, the defendant, Aaron Tolliver, Jr. ("Tolliver"), entered the motel and requested a room for the night. As Tolliver filled out the registration form, a masked gunman entered the motel office and demanded all of the money. The gunman, who was armed with a Smith and Wesson semi-automatic.380 caliber pistol, fired one shot into the ceiling of the motel office. The gunman also went straight to the counter where he retrieved Browning's 9 millimeter pistol hidden underneath the counter. The gunman next placed his .380 caliber pistol against Browning's neck and demanded money. The gunman took three $5 bills from the register and fled on foot, leaving Tolliver and Browning at the scene.

The motel manager called 911, and the Monroe Police responded and began to search for the gunman. Tolliver told the police that he did not recognize the gunman and gave the police a vague description. The police located the gunman in an alley a short distance away. The K-9 unit was called, and the gunman fired at and killed the K-9 dog. In the subsequent exchange of gunfire with the police, the gunman was shot twice and killed. The gunman was a 17-year-old juvenile, Jeremy Burton (hereinafter "Jeremy"). Jeremy was armed with the .380 caliber pistol and the motel manager's 9 millimeter pistol. In his pocket were three $5 bills.

Jeremy's family was not immediately advised by authorities that he had been shot and killed. About 3:00 p.m. on October 23, 2000, Tolliver went to Raymond Wilson's place of employment. Wilson was married *313 to Jeremy's mother, Sonya Burton Wilson, and Jeremy was staying at the Wilson's home on October 22. On the evening of October 22, 2000, around 11:00 p.m., Wilson saw Tolliver in a blue Corsica automobile in Wilson's driveway with Jeremy and Mashaylin Green[1] inside the vehicle. Wilson asked Tolliver why he was at his job site. Tolliver informed Wilson that the night before "he was trying to do something and something didn't go right, and Jeremy was dead ..." Wilson testified that he had no idea what Tolliver was talking about.

Tonya Burton, Jeremy's cousin and legal guardian, also testified concerning conversations she had with Tolliver on October 23. She was attempting to confirm at that time whether Jeremy had been killed. She stated that Sonya Burton Wilson told her that Jeremy was seen leaving the Wilson residence the night before in Tolliver's blue car. She stated that Tolliver told her "that he and Jeremy had got together and planned everything because they were doing bad and he had told Jeremy that he knew of a way that they could make a come-up." She explained that a "come-up" was "a way that they could get some money."

Tolliver's conversation with Tonya Burton occurred while the two were riding in an automobile driven by Lawrence Burrell, who is also Jeremy's cousin. Burrell also confirmed that Tolliver told them how he and Jeremy planned the robbery of a motel, and that they bought a pistol "off the street."

As the three were driving around the city, Tonya Burton "talked in code" to direct Burrell to drive to the police station. After parking in the lot, Burrell held Tolliver down while Tonya Burton ran into the station for help. Tolliver was then arrested for armed robbery.

After the testimony of the state's witnesses, Tolliver called several witnesses in his own defense. None of the defense witnesses disputed Burrell and Tonya Burton's testimony concerning their questioning of Tolliver while driving him around Monroe and eventually to the police station on the evening of October 23. Additionally, Sonya Burton Wilson, who was called by the defense, confirmed that Jeremy left her home at 11:30 p.m. on October 22 with Tolliver in Tolliver's vehicle.

Yameca Greeley, Jeremy's other cousin, also testified as a defense witness. She spoke with Tolliver following the robbery. On cross examination, Greeley testified that Tolliver confided that he and Jeremy were at the Palms Motel the night before, that something went wrong, and that he thought Jeremy was dead.

Additionally, Tolliver testified in his own defense. He stated that on the night of the robbery, he and his girlfriend, Kimberly Gardner, got into a fight, and he decided to check into the Palms Motel. He further testified that he drove his girlfriend's blue Chevrolet Lumina. Tolliver testified that as he was filling out the motel registration card, someone with a covered face, came in and robbed the motel. Defendant claimed that he did not recognize the robber. After the robbery, Tolliver went to the police station to give a statement. There, he heard over the police scanner that shots were fired, and the robber was killed.

Tolliver denied being at the Wilsons' home with Jeremy on the evening of October 22. He also denied making any statements to Sonya Burton Wilson, Tonya Burton or Lawrence Burrell, other than he did not know where Jeremy was. Tolliver *314 denied ever telling them that he and Jeremy planned to rob the Palms Motel, or that something went wrong. Tolliver denied having anything to do with robbing the Palms Motel.

The jury found Tolliver guilty of armed robbery. The trial court ordered a presentence investigation report ("PSI"). On July 26, 2001, the trial court sentenced Tolliver to 25 years at hard labor, to be served without benefit of probation, parole or suspension of sentence. Prior to sentencing, the trial court extensively reviewed Tolliver's PSI, together with statements from the robbery victim and the deceased juvenile's family. This appeal followed.

Discussion

Sufficiency of the Evidence

Tolliver argues that no direct evidence or scientific evidence shows that he participated in the armed robbery. Also, Tolliver asserts that the witnesses' testimony to his alleged admissions were inconsistent and should not be deemed credible. Tolliver additionally claims that the Burton family members wanted to blame him for Jeremy's death.

The standard of appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
818 So. 2d 310, 2002 WL 888919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tolliver-lactapp-2002.