State v. Woods

494 So. 2d 1258
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1986
Docket17936-KA
StatusPublished
Cited by14 cases

This text of 494 So. 2d 1258 (State v. Woods) 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. Woods, 494 So. 2d 1258 (La. Ct. App. 1986).

Opinion

494 So.2d 1258 (1986)

STATE of Louisiana, Appellee,
v.
Odis Lee WOODS, Appellant.

No. 17936-KA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1986.

*1259 Napper, Waltman, Madden & Rogers by Lee Waltman, Ruston, for appellant.

William J. Guste, Atty. Gen., Baton Rouge, T.J. Adkins, Dist. Atty., Dan J. Grady, III, Asst. Dist. Atty., Ruston, for appellee.

Before MARVIN, JASPER E. JONES and LINDSAY, JJ.

LINDSAY, Judge.

The defendant, Odis Lee Woods, appeals his conviction for armed robbery, a violation of LSA-R.S. 14:64, alleging the state failed to prove guilt beyond a reasonable doubt, that the trial court erred in denying his motion for new trial, and that the sentence imposed was excessive. We affirm the defendant's conviction and sentence.

On August 5, 1982, at approximately 8:00 p.m. a man wearing a stocking mask entered the Handee Mart Store in Ruston, Louisiana armed with a pistol. The individual came around behind the counter, opened his jacket to show the store clerk, Carolyn Griffin, that he had a gun, then ordered her to open the floor safe. When she was unable to do so, the assailant then directed Griffin to open the cash register. The assailant took $171.31 and fled the scene. Outside the store, a witness, Linda Goforth, who had previously seen the defendant behind the Handee Mart with some other man, was using the telephone. She observed the robbery and telephoned the police who arrived promptly and arrested Robert Lee Williams and Edwin Lee Burks near the scene. The defendant, Odis Lee Woods, was also subsequently arrested.

Following his arrest, the defendant was charged with armed robbery. He was convicted by a jury and sentenced to serve 50 years at hard labor without benefit of parole, probation or suspension of sentence.

The defendant now appeals his conviction and sentence, urging three specifications of error. The defendant first argues there was insufficient evidence upon which to base a conviction. Next, defendant argues the trial court erred in denying his motion for a new trial. Finally, defendant argues the sentence is excessive. For the following reasons we find defendant's contentions to be meritless.

SUFFICIENCY OF EVIDENCE

The defendant contends there was insufficient evidence upon which to base this conviction in that the state failed to convincingly establish that the defendant was the individual who committed the robbery. The defendant argues his identification as the robber was based upon observations of the assailant by Carolyn Griffin and Linda Goforth for only a few seconds while the individual who committed the crime was wearing a stocking mask to disguise his identity. The defendant also argues that the identification made by Robert Lee Williams is tainted because Williams testified in exchange for dismissal of the charges which had been filed against him. The defendant contends that Williams originally identified someone named "L.C." as having committed the robbery.

At the trial, the victim of the robbery, Carolyn Griffin, and the witness using the telephone, Linda Goforth, both testified and identified the defendant as the person who committed the robbery. Robert Lee Williams also testified and identified the defendant as the perpetrator of the robbery. According to Williams, he and Burks met the defendant near the store. The defendant attempted to enlist the aid of Williams and Burks in committing the robbery. Williams stated the defendant, who was armed with a pistol capable of firing both BB's and pellets, gave him a stocking mask. Williams and Burks were to be stationed outside the store while the defendant went inside and committed the robbery. Williams testified he did not want to be *1260 involved in the robbery and when the defendant entered the store, he began walking away and discarded the stocking mask. Williams said when he saw the police, he ran, but was apprehended. Williams had a stocking mask in his pocket at the time of his arrest but said the defendant must have given him more than one mask.

In his defense, the defendant offered several alibi witnesses to establish that he was involved in a card game at the time this robbery occurred. However, the defendant's witnesses indicated the card game went on all day on the date of the robbery and that people came and went freely during the day. Although the witnesses testified that the card game proceeded until after dark, they were not specific as to what time of day the card game broke up or exactly when the defendant left.

In reviewing the sufficiency of evidence, the record evidence, viewed in the light most favorable to the prosecution, must be sufficient for a rational juror to conclude that the essential elements of the crime were proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Smith, 441 So.2d 739 (La.1983). Stated another way, the test is the reasonableness of the ultimate conclusion on the facts and inferences drawn from the facts in a particular case. State v. McFadden, 476 So.2d 413 (La.App.2d Cir.1985), writ denied 480 So.2d 739 (La.1986).

In this case, there was ample eye witness testimony establishing the identification of the defendant as the perpetrator of the robbery. Griffin was familiar with the defendant as the defendant was frequently in the store. In addition, both Griffin and Goforth testified the person who committed the robbery had tattoos on his face just as the defendant possessed.

Williams identified the picture of the defendant as the person who committed the robbery but simply misstated the defendant's name.

In addition, Williams testified extensively regarding defendant's plans to rob the store and his attempt to enlist aid in carrying out his crime. Defendant argues that Williams' testimony is tainted because he was involved in the commission of the crime and may have received leniency from the prosecution in exchange for his testimony.

A showing of a witnesses' bias or interest is proper for impeachment purposes. LSA-R.S. 15:42. Such a showing exposes for the trier of fact any bias or interest the witness may have that would influence his perceptions or color his testimony. State v. Sweeney, 443 So.2d 522 (La.1983). The hope or knowledge that the witness may receive leniency from the state is highly relevant to establish bias or interest. State v. Reed, 441 So.2d 1259 (La.App. 1st Cir.1983). However, such a showing goes to the weight to be given to the testimony.

In this case, the jury made a credibility determination of the witnesses' testimony. The trier of fact may accept or reject in whole or in part, testimony of any witness. State v. McFadden, supra. This is the proper role of the trier of fact and the appellate court will not second guess such credibility determinations other than to make the sufficiency review under the standards announced in Jackson v. Virginia, supra.

Under the facts of this case, there was ample evidence to establish the defendant's identity as the perpetrator of this crime beyond a reasonable doubt. Williams' testimony was corroborated by that of Griffin and Goforth, parties who did not have the same bias or interest as that possessed by Williams. The defendant's alibi witnesses failed to adequately establish his presence at another location during the commission of the crime. Under these facts, we conclude that the state adequately established defendant's identity as the perpetrator of this offense.

MOTION FOR NEW TRIAL

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Timothy Gay
Louisiana Court of Appeal, 2021
State v. Lewis
892 So. 2d 702 (Louisiana Court of Appeal, 2005)
State v. Williams
827 So. 2d 1286 (Louisiana Court of Appeal, 2002)
State v. Jeselink
799 So. 2d 684 (Louisiana Court of Appeal, 2001)
State v. Gass
728 So. 2d 896 (Louisiana Court of Appeal, 1999)
State v. Lindsey
671 So. 2d 1155 (Louisiana Court of Appeal, 1996)
State v. Mitchell
647 So. 2d 423 (Louisiana Court of Appeal, 1994)
State v. Kelly
576 So. 2d 111 (Louisiana Court of Appeal, 1991)
State v. Scott
573 So. 2d 556 (Louisiana Court of Appeal, 1991)
State v. Dean
528 So. 2d 679 (Louisiana Court of Appeal, 1988)
State v. Collins
521 So. 2d 846 (Louisiana Court of Appeal, 1988)
State v. Brown
513 So. 2d 425 (Louisiana Court of Appeal, 1987)
State v. Bailey
511 So. 2d 1248 (Louisiana Court of Appeal, 1987)
State v. Willis
510 So. 2d 411 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
494 So. 2d 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woods-lactapp-1986.