State v. Womack

109 So. 3d 418, 2013 La. App. LEXIS 23, 2013 WL 163527
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2013
DocketNo. 47,639-KA
StatusPublished
Cited by5 cases

This text of 109 So. 3d 418 (State v. Womack) 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. Womack, 109 So. 3d 418, 2013 La. App. LEXIS 23, 2013 WL 163527 (La. Ct. App. 2013).

Opinion

SEXTON, Judge Pro Tern.

Defendant, Randall Wayne Womack, Jr., was found guilty of both armed robbery and attempted armed robbery. He was subsequently sentenced to 50 years at hard labor for the armed robbery conviction and 15 years at hard labor for the attempted armed robbery conviction, with the sentences to be served concurrently. Defendant now appeals. For the reasons stated herein, Defendant’s convictions and sentences are affirmed.

FACTS

On September 17, 2010, Defendant and three other men, Dillon Murphy, Joshua Lopez and David Weeks, committed an armed and attempted armed robbery against victims Jose and Orlando Tecciau, respectively, at the victims’ home in Plain Dealing, Louisiana. While Lopez waited in the car, Defendant, Weeks and Murphy armed themselves with weapons and entered the house. They kicked open the bedroom door, found the victims and demanded money. Murphy grabbed a wallet from the dresser and the men fled from the house. Murphy and Lopez escaped in the vehicle, while Weeks and Defendant fled on foot. Shortly thereafter, police apprehended Defendant -within a mile from the victims’ home and drove him back to the scene where he was identified by the victims as one of the persons who robbed them. Police found the vehicle abandoned and discovered a sword, billy bat and pipe in the back seat. The other three men were subsequently arrested. On June 22, 2011, the State filed a bill of information charging all four men with one count of armed robbery and one count of attempted armed robbery. An amended bill was filed on December 12, 2011, charging them with the same crimes, but adding three other possible dangerous weapons as being used during the commission of the crimes. While his three co-perpetrators entered into plea agreements and received sentences of up to three and five years’ imprisonment at hard labor, Defendant pled not guilty and elected to proceed to trial.

At trial, the jury heard testimony from multiple witnesses called by the State. Bossier Parish Patrol Deputy Mike McConnell testified that he was dispatched to the scene and that he took statements from the victims. Jose and Orlando Tec-ciau described the perpetrators as three short white males with long knives. On cross-examination, Dep. McConnell testi-[421]*421fled that there was no appearance of physical damage to the door, nor any signs of a struggle inside the home.

Bossier Parish Detective Brandon Masters testified that he met Dr. Robert Hewlett, a veterinarian and the victims’ employer and landlord, at the end of Linda Lane. Dr. Hewlett testified that he lived one-half mile from the Tecciau house and was in his driveway leaving his residence when Jose called him and told him they had been robbed. Dr. Hewlett drove to the Tecciau house and saw Defendant’s vehicle. As he approached, the vehicle sped away and Dr. Hewlett chased the perpetrators until the vehicle turned onto a dead-end street. The men abandoned the vehicle and ran through the woods. Dr. Hewlett waited "with the vehicle and Det. Masters was among the responding officers. Det. Masters testified that he had the vehicle towed to the impound lot. He then returned to the Tecciau home and interviewed Jose Tecciau, who told him that three men came into their home with weapons and robbed them.

After leaving the Tecciau home, Det. Masters was stopped by a passing motorist, who informed him that a man was walking on Old Plain Dealing Road and attempting to hitchhike. Det. Masters and a fellow officer found the man approximately one-half mile from the victims’ home. After a brief chase, Det. Masters and the other officer apprehended the man, placed him in the back of the patrol unit and drove him to the victims’ home where they positively identified him as one of the persons who robbed them. The man was later identified as Defendant.

According to the testimony of Deputy Josh Catheart, Defendant told officers that Weeks and Lopez were with him that evening. Det. Masters used his patrol unit’s computer to pull Lopez’s, Weeks’ and Murphy’s driver’s license photos and asked the victims to identify the men in the photos. They identified Weeks as one of the men who had robbed them. Det. Masters eventually went to the impound lot where the vehicle had been towed and observed a small sword, large sword sheath, billy bat and pipe on the floorboard of the back seat. Sergeant David Faulk, of the Bossier Parish Office Crime Scene Investigations Unit, corroborated Det. Masters’ testimony as to the weapons found inside the vehicle. In addition, a wallet containing Defendant’s identification was found in the center console of the vehicle.

Murphy testified at trial. He stated that, prior to the robbery, the four men met at Weeks’ home in Shreveport where Defendant discussed plans “that we go to these Mexicans out on this ranch out here in Plain Dealing and that they just got paid so that they’ve got a lot of money and we rob them.” Later that night, Lopez drove the men to Plain Dealing where he, Defendant and Weeks, armed with a billy bat, sword and pipe, entered Jose and Orlando Tecciau’s home. According to Murphy, “the bedroom door got kicked open and he [Defendant] held the Mexican up with the sword ... I took the wallet off the dresser and took off running.” Murphy testified that he jumped in the car with Lopez and the two sped away from the home. Murphy further testified that he removed the money from the wallet and tossed the wallet out of the car. An empty brown wallet was recovered by police that night on the side of Doyal Road, near the Tecciau home. Jose Tecciau identified the wallet found on Doyal Road as his wallet that had been taken during the robbery.

Lopez testified next and offered inconsistent testimony. When first asked by the district attorney if Defendant had an idea or plan to commit a crime on the evening in question, Lopez responded affirmatively that “we were going to rob [422]*422some Mexicans.” Later in his testimony, when the district attorney asked him what was his understanding as to the events that were to take place that night at the victims’ home, Lopez stated that, “I really don’t know what was supposed to take place. The only thing I knew I was supposed to go solicit prostitution. That’s it.”1 He again changed his story when the district attorney asked him, “Now earlier that evening, though, I think you already testified that when [Defendant] came to the house he discussed committing a robbery. Is that correct?” Lopez responded, “Yes, sir.”

With regard to Defendant’s state of mind prior to the robbery, Lopez testified that “[Defendant] was the — he was still asleep and he and my brother and them was in the back. He was asleep. On the way there he was still drinking because there was still some more drink left. He was drinking still and he was asleep and he had a headache and he just Iayed [sic] down until we got there.”

Lopez further testified that, once the four men arrived at the victims’ home, he remained in the vehicle while Defendant, Weeks and Murphy “must have got weapons out of the back of the trunk” and went inside. After a short period of time in the house, the three men came running outside. Lopez stated that Murphy jumped in the car with him while his brother, Weeks, threw “some stuff in the back of the seat.” Lopez claimed that he did not know what took place inside the house, but that “I just know that [Murphy] had the money in his hand. I didn’t know nothing about no wallet.” During cross-examination, defense counsel asked Lopez if he ever saw Murphy with a “big wad of cash,” which he denied.

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 418, 2013 La. App. LEXIS 23, 2013 WL 163527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-womack-lactapp-2013.