State v. Webster

246 So. 3d 779
CourtLouisiana Court of Appeal
DecidedApril 11, 2018
DocketNo. 51,865–KA
StatusPublished
Cited by1 cases

This text of 246 So. 3d 779 (State v. Webster) 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. Webster, 246 So. 3d 779 (La. Ct. App. 2018).

Opinion

PITMAN, J.

Defendant John Lee Webster was charged with and convicted of illegal possession of stolen things over $1,500, in violation of La. R.S. 14:69(B)(1),1 and sentenced to ten years' imprisonment at hard labor. He now appeals his conviction and sentence. For the following reasons, his conviction and sentence are vacated; a conviction of illegal possession of stolen property valued at under $500, in violation of La. R.S. 14:69(B)(3), is entered; and the matter is remanded for resentencing.

FACTS

On October 26, 2015, Defendant was charged by bill of information with illegal possession of stolen things over $1,500, in violation of La. R.S. 14:69(B)(1). A trial was held February 6 and 7, 2017. The following facts were gleaned from the testimony of the state's witnesses.

John Russell Cox, formerly a detective with the Bossier City Police Department, *781testified that in August 2015, he was called to investigate an incident at Bobby Brannon Heating & Air ("BBH & A"). Bobby Brannon, the owner of BBH & A, complained that some blank payroll checks had been stolen from his office. Some of the stolen checks were later cashed at various places in Bossier City, Louisiana, including several Thrifty Liquor stores.

In August 2015, Det. Cox received a report that a man was at a Thrifty Liquor store in Bossier City trying to cash a payroll check, No. 28351, from BBH & A, made out to "Dustin Hall," in the amount of $1,223. He arrived at the store, recognized the check as stolen and arrested the suspect, Justin Hall. Hall told Det. Cox that he had obtained the check from Jennifer Pawlik. Subsequently, Jennifer Pawlik was apprehended. He learned from Pawlik that she had obtained the check from Defendant, who was to receive $500 from the cash proceeds of the check. The check was admitted into evidence.

At Det. Cox's request, Pawlik texted Defendant to meet her in a parking lot where Det. Cox and Pawlik, along with several other officers, waited for his arrival. Defendant arrived as scheduled, driving an old Buick, and was immediately taken into custody. The Buick was impounded and searched.

Inside the vehicle, officers found nine of the missing payroll checks and one check stub. Six of the checks were blank and were found on the rear floorboard of the car. One of the checks found in the center console of the vehicle, Check No. 28372, was written to payee "Quinton Stewart," in the amount of $380, with the payor's alleged signature, Robert S. Brannon. The back of the check was indorsed with the signature of Quinton Stewart. Check No. 28373 was written out only to "Ouin" with no amount or signature of the payor. Check No. 28374 was written to payee "Quinton Stewart" in the amount of $350, but this check did not have a signature on the line for the payor. These checks were admitted into evidence.

Mr. Brannon testified that on August 18, 2015, he received a phone call at 2:00 a.m. from a friend stating that his business was on fire. The next day he was allowed into the building. He noticed that his office door had been "kicked down" and his file cabinet, containing at least 100 payroll checks and some checkbooks, was missing. He immediately notified his bank of the theft.

Mr. Brannon identified the nine checks found in Defendant's vehicle as some of the payroll checks that were stolen from his office. He identified 17 stolen payroll checks that had been cashed. He testified that he did not know any of the persons identified as payees on the checks, one of which included payee "Quinton Stewart," and that he did not know who had forged the checks. He also testified that he did not know Defendant, that Defendant had never been an employee of BBH & A and that he had not given Defendant authority to possess any of the payroll checks. He stated that the payroll checks were purchased from a check vendor, but that he did not know the purchase price for each check since they were purchased in bulk.

Jennifer Pawlik testified that she met Defendant on Facebook in August 2015 after he posted pictures of "lots of money" saying that it was "easy money." She contacted him through Facebook and asked how she could also make "easy money." He told her that he had obtained the checks from a business that burned down, and the owner was unaware that the checks survived the fire. She stated that on August 23, 2015, she met with Defendant, and he gave her two blank payroll checks from BBH & A. She identified Check No. 28351, made payable to Dustin Hall for $1,223, as *782one of the two checks that Defendant had given her. She testified that Defendant instructed her to make out the checks for "around a thousand dollars," but no more than $1,500. In return, she was to give Defendant $500 from the proceeds of each of the cashed checks. She stated that she then gave the completed check to her friend, Justin Hall, to cash and that she did not expect to receive any of the proceeds from the check. She confirmed that she had facilitated the meeting with Defendant in the parking lot where he was apprehended by the Bossier City Police Department. The state rested, and the defense did not present evidence.

Defendant was convicted as charged. He filed a motion for new trial, which was denied. He was sentenced to ten years at hard labor. This appeal followed.

DISCUSSION

Defendant argues that the evidence is insufficient to establish that the value of the stolen blank checks exceeded $1,500 or even $500. He claims the evidence supports no more than a misdemeanor grade violation of La. R.S. 14:69.

Defendant does not dispute that he was in possession of stolen payroll checks. Rather, he argues that the state failed to show that the value of the checks was $1,500 or more. He contends that the value of the stolen checks in his possession was "merely the cost of the blank checks," which he argues, for purposes of gradations of a theft-related offense, is the face value of the check. He also argues that the value of the stolen checks with respect to the offense of illegal possession of stolen things is the value of the checks at the time of their theft. He asserts that checks found in his actual or constructive possession have only nominal value because they were blank at the time of their theft and no evidence was presented proving otherwise. Because the stolen checks had only nominal value, he maintains that he could have been convicted of, at most, misdemeanor possession of stolen things. Therefore, he submits that his felony conviction must be reversed.

The state contends that the value of the stolen payroll checks is the face value of all of the cashed stolen payroll checks (which the state mistakenly identified as $4,380). It asserts that, regardless of the value of the checks that were actually cashed, the face value of the completed check found in Defendant's vehicle, written for $380, and the $1,223 face value of the check forged by Pawlik, were over $1,500.

The standard of appellate review for a sufficiency of the 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 proven beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307

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Cite This Page — Counsel Stack

Bluebook (online)
246 So. 3d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-webster-lactapp-2018.