State v. Wilder

822 So. 2d 844, 2002 WL 1378742
Louisiana Court of Appeal·Decided June 26, 2002·No. 02-KA-229·Published·Cited by 3 cases

Opinion

822 So.2d 844 (2002)

STATE of Louisiana
v.
Sherman WILDER.

No. 02-KA-229.

Court of Appeal of Louisiana, Fifth Circuit.

June 26, 2002.

Paul D. Connick, Jr., District Attorney District, Terry M. Boudreaux, Alan D. Alario, II, Assistant District Attorneys, Gretna, LA, for Appellee.

Bruce G. Whittaker, New Orleans, LA, for Appellant.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS and SUSAN M. CHEHARDY.

MARION F. EDWARDS, Judge.

Defendant appeals his conviction for being a convicted felon in possession of a firearm, asserting that evidence of his predicate conviction was legally insufficient. For the following reasons, we affirm.

On December 14, 2000, the Jefferson Parish District Attorney filed a bill of information charging defendant, Sherman Wilder, ("Wilder"), with being a convicted *845 felon in possession of a firearm in violation of LSA-R.S. 14:95.1. Wilder was arraigned on December 16, 2000 and pled not guilty. On September 25, 2001, Wilder was tried before the judge who found him guilty as charged; on that same day, Wilder waived sentencing delays, and the trial court sentenced him to imprisonment at hard labor for ten years without benefit of parole, probation, or suspension of sentence. On September 25, 2001 Wilder also orally moved for an appeal. On September 27, 2001, Wilder filed a written notice of intent to appeal, which was granted. Wilder then filed a pro se motion for appeal on October 8, 2001.

The following facts were elicited at trial: Detective Gary Barteet of the Jefferson Parish Sheriffs Office, who was called as a witness by the state, testified that, on November 24, 2000, at approximately 2:30 a.m., he was at the Villa D'Ames apartment complex assisting a deputy with a call. While Detective Barteet was on the scene, witnesses stated that several black males in a white Dodge Intrepid had fired several rounds into the apartment complex and then fled the scene. Detective Barteet testified that, earlier in the evening, he and other officers had responded to a call in Bridge City at the "Saliton Stripes and Lounge." The call involved a large fight where a black male stated he was going to his vehicle to get a gun. Detective Barteet learned that members of the group involved in the fight were possibly wanted for an aggravated battery. He also was informed that the vehicle was a white Dodge Intrepid with license plate number IXL218. Detective Barteet ran the license plate number through his computer and found out that the vehicle was registered to an individual later identified as Rubin Marshall. He learned that the registered address was on Heather Street.

Detective Barteet and other deputies began traveling through that area. Another deputy advised Detective Barteet that he had just seen a white Dodge Intrepid pass him on Wayne Street going northbound. Detective Barteet was on Heather Street going westbound at the time. As he pulled up to the intersection of Wayne and Heather Streets, he saw a white Dodge Intrepid go through the stop sign without stopping. Detective Barteet initiated a traffic stop for the failure to stop at the stop sign. With the aid of other units, he was able to stop the vehicle at the corner of Wayne and Bueller Streets. Detective Barteet testified that Sherman Wilder stepped out holding what appeared to be a handgun in his right hand. Wilder turned and faced Detective Barteet, and then briefly looked around. Detective Barteet thought Wilder was going to try and run. Wilder made a movement or a motion back toward the vehicle. When Wilder came back out, Detective Barteet did not see a handgun. Wilder complied with all of the officer's commands.

Detective Barteet testified that Wilder appeared to be intoxicated or under the influence of narcotics. Wilder appeared visibly shaken, like "he had just done something wrong." Detective Barteet testified that it was dark and raining during this encounter. However, the headlights and spotlights of the vehicles were shining on Wilder. When Detective Barteet initiated the stop, he noticed a black male sitting on the porch of one of the houses. He didn't see any other individuals in the area. While Detective Barteet was searching Wilder, Officer Williams advised Detective Barteet that there was a gun on the floor board of the vehicle. Detective Barteet walked over to the vehicle and saw the gun on the floor directly underneath the steering wheel.

*846 Officer Wayne Williams of the Gretna Police Department, who was called as a witness by the state, testified at trial, and his testimony largely corroborated that of Detective Barteet. Deputy Barteet told Officer Williams over the radio that he was about to pull over a white Dodge Intrepid that fit the description of the vehicle involved in the aggravated criminal damage at the Villa D'Ames apartment complex. Approximately 30 seconds elapsed from the time Officer Williams received the call until the time he arrived on the scene at Wayne and Bueller Streets. Upon his arrival, Officer Williams saw Wilder standing next to the driver's side of the vehicle. Detective Barteet asked Officer Williams to inspect the vehicle because Wilder had made motions to the interior of the vehicle with his hands. Officer Williams found a gray-colored Ruger lying on the center of the floor board on the driver's side that was plainly visible from the open door. The butt of the weapon was facing the pedals of the vehicle, and the nose of the weapon was facing the seat area. Officer Williams testified that four officers were on the scene. He stated that they scanned the surrounding area because it was late at night and the area was known for high drug and criminal activity. Officer Williams testified that the area where Wilder was stopped was well lit from the spotlights and takedown lights on his police car, and from the lights from the three other police vehicles.

Carolyn Ann Stevens, who was called as a witness by the defense, testified that she lived at 528 Wayne Avenue on November 24, 2000, and that she witnessed the incident involving Wilder. Ms. Stevens testified that Wilder stopped at the stop sign at Wayne and Heather Streets. She testified that she was sitting outside in front of her house when she saw Wilder pull up in the vehicle and the police pull up behind him with no lights on. She stated that the officers had their weapons drawn and told Wilder to get out of the vehicle. She claimed that the vehicles stopped directly in front of her driveway. Ms. Stevens testified that when Wilder got out of the vehicle, he had nothing in his hands. She said that Wilder made no motions toward his vehicle.

Ms. Stevens saw the officer bend over, search the vehicle and find the weapon. She heard the officer say, "Ah-ha, we have the weapon." Ms. Stevens testified that the officers told her to go inside. Ms. Stevens went inside and directly to the window in her bedroom so she could see everything that was occurring. She stated that none of the vehicles turned on their spotlights toward Wilder. Ms. Stevens claimed that there were nine or ten police vehicles at the scene. Ms. Stevens testified that the lights were not turned on until the officers began searching the vehicle. She said that one officer searched the vehicle first, but found nothing. Another officer came and searched, and he looked under the seat and found the weapon.

On cross-examination, Ms. Stevens admitted she was friends with Wilder, and that she had known him since 1986. She also stated she was a friend of the family. Ms. Stevens testified that Wilder had parked in front of her house that night because it was Thanksgiving, and he had spent Thanksgiving earlier that day at her house.

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State v. Wilder, 822 So. 2d 844, 2002 WL 1378742 (La. Ct. App. 2002).

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