State v. Woolridge

555 So. 2d 1385, 1989 La. App. LEXIS 2683, 1989 WL 155966
CourtLouisiana Court of Appeal
DecidedDecember 28, 1989
DocketNo. KA 9010
StatusPublished
Cited by2 cases

This text of 555 So. 2d 1385 (State v. Woolridge) 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. Woolridge, 555 So. 2d 1385, 1989 La. App. LEXIS 2683, 1989 WL 155966 (La. Ct. App. 1989).

Opinion

ARMSTRONG, Judge.

Defendant, Ernest Woolridge appeals from his jury conviction for four counts of armed robbery for which he was sentenced to serve ninety-nine years at hard labor on each count, with the sentences to run concurrently. Defendant now appeals raising six assignments of error.

On June 12, 1986, at approximately 1:30 a.m., three men entered Pat’s Restaurant, located near the corner of Dryades and Second Streets. One of the men, wearing a stocking mask over his head, approached the cashier and Donald Lane, a customer. He pointed a handgun at them and ordered the two, and the other persons in the restaurant, to lie on the floor. Defendant and his two companions then robbed various customers, taking money and jewelry. At one point defendant went into the kitchen and spied the cook going towards a hallway. Defendant struck the cook in the [1387]*1387head with the gun, causing the gun to discharge.

One of the restaurant owner’s children, Mark Copeland, was able to escape from the restaurant. He ran next door to a store, also owned by his father, to tell him the restaurant was being robbed. William Copeland told his wife to call the police and went to locate the rest of his children who were in the vicinity of the restaurant. After finding his children, Mr. Copeland, armed with a gun, positioned himself outside the restaurant in an alley. He saw two men and the defendant running from the restaurant. The defendant stopped and pointed his gun at Mr. Copeland, who fired at him. The three robbers then fled the scene.

On September 10, 1986, Mr. Copeland was working in his store when he saw the defendant walk past. He called the police and gave a responding officer a description of the defendant. Shortly thereafter the police brought the defendant to Mr. Copeland’s store where he identified him.

At trial defendant testified that he had been in Pat’s Restaurant earlier on the evening of the robbery to pick up dinner. He also testified that he had been in the restaurant numerous times before and since the robbery, but denied being involved in the robbery. In addition to Mr. Copeland, three other witnesses testified that the defendant was one of the perpetrators of the robbery.

A review of the record reflects that there are no errors patent.

ASSIGNMENTS OF ERROR NOS. 1 AND 2

By his first two assignments of error defendant complains of the introduction into evidence of the identification made by Mr. Copeland.

Defendant first argues that the trial court erred in allowing into evidence testimony about Mr. Copeland’s out-of-court identification because the prosecution failed to disclose that the identification had been made. Defendant also argues that the identification procedure was unduly suggestive and unreliable.

A defendant seeking to suppress an out-of-court identification procedure must prove that (1) the identification itself was suggestive, and (2) that a likelihood of mis-identification resulted from the identification procedure. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); State v. Prudholm, 446 So.2d 729 (La.1984); State v. Guillot, 526 So.2d 352 (La.App. 4th Cir.1988).

In cases where there have been inadvertent meetings between the victim or a witness and the suspect(s), courts have found resulting identifications admissible where the identification was definite and immediate, and there was no indication of impropriety or suggestiveness. State v. Gabriel, 450 So.2d 611 (La.1984); State v. Guillot, supra. In State v. Bickham, 404 So.2d 929 (La.1981), the Louisiana Supreme Court stated:

“Such identification procedures are generally permitted when the accused is apprehended within a short time after the offense and is returned to the scene of the crime for an on-the-spot identification. A prompt in-the-field identification, under appropriate circumstances, promotes accuracy, as well as expediting the release of innocent suspects.”

In Bickham, the suspect was apprehended immediately after the commission of the crime and returned to the scene where the victim identified him as the assailant. The court found that under these circumstances there was no substantial risk of misidentification.

In the instant case the identification was made by Mr. Copeland three months after the robbery. Mr. Copeland identified the defendant when he walked past his store. He gave police a fresh description of the defendant and the clothing he was wearing. The arresting officer testified that the suspect he picked up several blocks from the restaurant matched Mr. Copeland’s description “exactly.” He brought the defendant back to Mr. Copeland who positively identified him as the person, whom he had minutes earlier, identified as the robber.

[1388]*1388Under these circumstances we are unable to say that the identification made by Mr. Copeland after the suspect was picked up by police was suggestive. Therefore, the identification itself did not operate to deprive defendant of his constitutional right to due process.

When Mr. Copeland began testifying about the out-of-court identification, defense counsel made a timely objection. The jury was removed from the courtroom and counsel motioned for a mistrial on the grounds that the failure of the State to inform the defense of this identification prejudiced the defendant. The trial court offered to hold a suppression hearing at that time and asked defense counsel how defendant would be prejudiced. The trial court subsequently denied counsel’s motion for mistrial after he could not show prejudice. The hearing was held and defendant’s motion to suppress was also denied.

On appeal defendant argues that he was prejudiced because he was misled as to the strength of the State’s case, was deprived of the opportunity to prepare a defense to the identification evidence, and was unable to intelligently plan his trial strategy. Defendant cites a decision by this court in support of his assertion that the trial court erred in denying his motion for a mistrial. In State v. Jackson, 454 So.2d 398 (La.App. 4th Cir.1984), this court reversed a trial court’s denial of a defendant’s motion for mistrial, where the State specifically informed the defense that only one of its two witnesses had made a pretrial identification.

In Jackson, supra, one of the defendant’s discovery requests was for information concerning any identifications of the defendant as the perpetrator of the offense charged. At a joint hearing on the discovery requests the State specifically informed the defense that one particular witness had never participated in a formal identification procedure. At trial it was brought out that in fact this witness had, some two months previously, identified a photograph of the defendant. The photograph was shown to the witness by an Assistant District Attorney at a prior court proceeding. We found that, because the State, however unintentionally, had provided an inaccurate and misleading response to a specific discovery request, the defendant was effectively deprived of the opportunity to prepare a defense to the identification evidence.

We pretermit discussion of whether or not the trial court erred in denying defendant’s motion for mistrial. For even if we found that the trial court erred, under La.C.Cr.P. art.

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Bluebook (online)
555 So. 2d 1385, 1989 La. App. LEXIS 2683, 1989 WL 155966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woolridge-lactapp-1989.