State v. Toney

651 So. 2d 387, 1995 WL 81282
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
Docket26711-KA
StatusPublished
Cited by44 cases

This text of 651 So. 2d 387 (State v. Toney) 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. Toney, 651 So. 2d 387, 1995 WL 81282 (La. Ct. App. 1995).

Opinion

651 So.2d 387 (1995)

STATE of Louisiana, Appellee,
v.
Lionel TONEY, Appellant.

No. 26711-KA.

Court of Appeal of Louisiana, Second Circuit.

March 1, 1995.

*389 Hunter, Scott, Blue & Johnson by Robert C. Johnson, Monroe, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Jerry L. Jones, Dist. Atty., Douglas R. Haynes, II, Asst. Dist. Atty., Monroe, for appellee.

Before MARVIN, C.J., LINDSAY, J., and PRICE, J. Pro Tem.

LINDSAY, Judge.

At the conclusion of his jury trial, the defendant was found guilty as charged of armed robbery. The trial court imposed a sentence of 22½ years at hard labor, without benefit of probation, parole or suspension of *390 sentence. The defendant appealed. For the reasons assigned below, we affirm the defendant's conviction and sentence.

FACTS

Shortly after 3 a.m. on October 20, 1991, the defendant and an accomplice entered the Cracker Barrel store at 2000 Jackson Street in Monroe. The defendant asked the store attendant, Randy Jackson, whether he had a particular magazine behind the counter. Mr. Jackson turned around to check; when he turned back toward the men, the defendant grabbed him from across the counter and placed a knife to his throat. The defendant ordered him not to move. In the meantime, the accomplice grabbed two 24-can packs of beer and fled from the store. The defendant then released Mr. Jackson and ran outside. Mr. Jackson saw the two men get into a car with a third man and drive away.

Mr. Jackson immediately contacted the police. Officer James Clark of the Monroe Police Department was the first officer to respond to the call. Mr. Jackson, who was still "very nervous and excited" following the incident, was only able to give him a "vague" description of the suspects, although he did tell the officer that the man who pulled the knife on him had a scar on his right hand. After hastily making some notes, Officer Clark began searching the area of the store for the getaway car. However, no suspects were arrested that night.

On October 22, 1991, Detective William T. Webb spoke to Mr. Jackson at his residence. Mr. Jackson, who was calm and composed, was able to provide a more detailed descriptions of the robbers. He described the assailant with the knife as being a black male with a medium complexion, who appeared to about 18 years old, 5'8", and 160 pounds. His hair was cut close on the sides with a triangular design cut in the back, and he also had a three to four inch scar on the top of his right hand. Mr. Jackson also informed the detective that he had seen this man in the store about two weeks before the robbery. (Although this fact was concealed from the jury, the defendant had apparently been arrested for shoplifting at that time.)

Using this information, Detective Webb assembled a photo lineup which included a photograph of the defendant. Subsequently, Detective David Harris showed the photo lineup to Mr. Jackson, who identified the defendant as the man who had held the knife to his throat.

The defendant was arrested and charged with armed robbery. After a jury trial, he was convicted as charged.

Originally, the defendant was sentenced, as a second felony offender, to a term of imprisonment of 49½ years at hard labor, without benefit of probation, parole or suspension of sentence. However, the state eventually dismissed the habitual offender bill because of problems concerning the validity of the predicate conviction. The defendant was resentenced to a term of 22½ years at hard labor, without benefit of probation, parole or suspension of sentence. The trial court also gave him credit for time served.

The defendant appealed his conviction and sentence. Although he originally filed 12 assignments of error, he specifically abandoned five of them in his brief. Three assignments of error concern the defendant's sentence and will be addressed together.

Additionally, another assignment requested that we review the record for error patent; however, such a review is automatic in all criminal appeals. Our examination in the instant case revealed no error patent.

BATSON CHALLENGES

The defendant contends that the trial court erred in denying his Batson objections to the state's use of peremptory challenges against several black members of the jury venire.

An equal protection violation occurs if a party exercises a peremptory challenge to excuse a prospective juror on the basis of that person's race. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) and its progeny. The defendant need no longer show that he is a member of this excluded class. Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991). If the defendant makes a prima facie showing of discriminatory peremptory strikes, the burden shifts to the state to offer race-neutral *391 explanations for the challenged jurors. State v. Bourque, 622 So.2d 198 (La.1993). See also State v. Collier, 553 So.2d 815 (La. 1989); LSA-C.Cr.P. Art. 795(C).

A successful Batson argument requires the defendant to make a prima facie case of race-based exclusion, i.e., that the pertinent circumstances raise an inference that the prosecutor used peremptory challenges to exclude venire members of a cognizable racial group solely on the basis of race. State v. Collier, supra; State v. Tucker, 591 So.2d 1208, 1215 (La.App.2d Cir. 1991), writ denied, 594 So.2d 1317 (La.1992).

The trial judge must determine whether the defendant has established the requisite prima facie case. Because a trial judge's findings pertaining to purposeful discrimination turn largely on credibility evaluations, such findings are entitled to great deference by a reviewing court. Collier, supra.

In the present case, the defendant contends that the state used peremptory challenges against eight black prospective jurors. In support of this contention, the defendant listed the names of eight persons in his brief. However, we note serious discrepancies as to three of the named individuals which remove them from consideration of this Batson challenge.[1] Furthermore, even though the record does not reflect the ultimate racial composition of the jury, the trial court noted at one point that the state had accepted several black jurors. (In brief, the state asserts that four members of the jury were black.)

The defendant asserted Batson challenges at three different points during voir dire. On each occasion, the trial court found that there was no evidence of a systematic exclusion of any jurors due to race. Although the trial court found the defendant had not made a prima facie showing of discrimination, it allowed the state to set forth on the record reasons for its use of its peremptory challenges. Additionally, our review reveals that the prospective jurors enumerated by the defendant in brief were peremptorily challenged for racially neutral reasons. Aaron Paul's cousin had been murdered, and he had previously been accused of a crime where identification was a factor. Ruth L. Jackson, Mary L. Hall, and Gerald L. Deburr all showed an inability to grasp certain legal concepts; additionally, there had been a murder involving someone in Ms. Hall's family. Kathy C. Goldston showed a strong predisposition against law enforcement.

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Cite This Page — Counsel Stack

Bluebook (online)
651 So. 2d 387, 1995 WL 81282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-toney-lactapp-1995.