State v. Wright

650 So. 2d 291, 1995 WL 15411
CourtLouisiana Court of Appeal
DecidedJanuary 18, 1995
Docket94-KA-682
StatusPublished
Cited by6 cases

This text of 650 So. 2d 291 (State v. Wright) 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. Wright, 650 So. 2d 291, 1995 WL 15411 (La. Ct. App. 1995).

Opinion

650 So.2d 291 (1995)

STATE of Louisiana
v.
Crescenico WRIGHT.

No. 94-KA-682.

Court of Appeal of Louisiana, Fifth Circuit.

January 18, 1995.

*292 Anthony Falterman, Dist. Atty., Convent, for plaintiff/appellee, State of La.

Arthur Harris, Sr., New Orleans, for defendant/appellant, Crescenico Wright.

Before BOWES, GAUDIN and GRISBAUM, JJ.

BOWES, Judge.

Defendant, Crescenico Wright, was convicted of armed robbery in violation of La. R.S. 14:64 and was sentenced to forty (40) years at hard labor without benefit of probation, parole or suspension of sentence. Defendant now appeals from both his conviction and his sentence. We find no reversible error in defendant's conviction and sentence. Consequently, we affirm both.

FACTS

On August 17, 1991, Kirk Spencer, his girlfriend, Saudia Dolliole, their young daughter and Joseph Whitten drove from New Orleans to Lutcher. Spencer drove to the Dew Drop Inn, a bar in the area owned by defendant's family. There he saw defendant and greeted him, "My boy, Cress." Defendant returned the greeting and called Spencer by his first name. Spencer asked defendant about a "hustle" for money. Defendant said he believed that Leray Louque's father, who "keeps a lot of money", might be home. Spencer left the vehicle and talked privately with defendant. The men returned and entered vehicle.

Defendant directed Spencer to drive to Buck's Tavern, a bar in the area owned by the Louque family. When they arrived, defendant said that he did not see the truck of Leray Louque, the intended victim. Defendant then provided directions to the Louque residence. However, when they arrived at the residence, there were several parked cars and defendant advised Spencer to leave. Spencer suggested buying flowers and delivering them to the Louque residence as a means to enter the house for the robbery. Defendant led Spencer to a local florist. However, when the group arrived at the flower shop, it was closed.

Defendant then told Spencer that Leray Louque was due to arrive at Buck's Tavern at that time. They rode around the block and arrived at the bar. Defendant told Spencer and Whitten that he would sit next to Leray Louque in the bar; then, he exited the vehicle and went inside. The remaining group drove around the block and stopped near the bar. The men got out of the vehicle. Dolliole was told to wait at that location. Spencer entered Buck's Tavern, followed by Whitten.

Inside, defendant was sitting at a table with Leray Louque, who was counting money and receipts and placing them in a bank bag. Defendant was filling out a betting sheet for a football game. At first Spencer appeared to want to purchase something, but then he approached the table and grabbed the bank bag. Louque resisted and Spencer shot Louque in the side, grabbed the bag and fled the bar. Whitten followed.

When the two men ran outside, they discovered that Dolliole was not waiting for them as planned. Spencer and Whitten commandeered a vehicle from others at gunpoint and drove down a street. Upon reaching the end of this street, the men saw Dolliole and *293 exited the vehicle they were in and entered the automobile with Dolliole. They returned to New Orleans.

When the police arrived, they interviewed witnesses located at the bar, including defendant who was still there. The victim was rushed to a hospital, but died two days later of the gunshot wound.

At trial, defendant testified and denied any involvement with the offense. He contended that he did not know Spencer or the others. The defense's theory was that the victim was a drug user, had purchased drugs just prior to the incident and that the shooting was connected to the victim's narcotics purchase. Defendant further contended that on the day of the robbery he was with family members buying items related to the family's bar. Several family members testified that defendant was with them in LaPlace, Louisiana until about 4:50 p.m., when they returned home.

On appeal, the defendant contends that the trial court erred in allowing into evidence testimony of other crimes. Defendant also alleges that his sentence of forty (40) years is excessive.

ASSIGNMENT OF ERROR NUMBER ONE

EVIDENCE OF OTHER CRIMES

In his first assignment of error, defendant alleges that the trial court committed reversible error in allowing the state to introduce evidence of other crimes.

The defendant presented the testimony of Kenneth Cureau, a former St. Charles Parish Sheriff deputy and at the time of trial an auxiliary sheriff deputy, as evidence of his good character. Mr. Cureau testified on cross-examination, and over objection by defense counsel, as follows:

[ASSISTANT DISTRICT ATTORNEY]:
Q. Now, do you know that the defendant's family own [sic] the Dew Drop Inn?
A. Yes; that's correct.
Q. Have you ever been to the Dew Drop Inn?
A. A few times.
Q. Before [sic] business?
A. For business and, maybe once or twice just to go in the place.
Q. Okay. Now, were you ever involved in narcotics when you were a police officer?
A. Yes. I was.
Q. Now, how long, or how often did you every [sic] frequent the Dew Drop Inn? How many times have you been in there?
A. As working.
Q. Yeah?
A. Kind of hard to say; it's been quite a few times.
Q. Now, being a police officer involved in narcotics did you at any time have intelligence that there were drug activity in the Dew Drop Inn?
MR. HARRIS [DEFENSE ATTORNEY]:
I object, you Honor, that's hearsay.
MR. BRINDISI [ASSISTANT DISTRICT ATTORNEY]:
Judge, I'm asking of his own personal knowledge.
MR. HARRIS:
That's hearsay.
MR. BRINDISI:
Judge, it goes to the character of the defendant.
MR. HARRIS:
It's still hearsay, your Honor.
THE COURT:
Without saying what anyone told you, I'll permit him to answer it.
BY MR. BRINDISI:
Q. Do you know, being an narcotic's officer, if there were [sic] any drug activity going on in the Dew Drop Inn?
A. Yes, I do.
Q. You did, good. And who runs the Dew Drop Inn?
A. It was the Wright family.
Q. And does that include Crenscenico?
A. That's correct.
Q. Thank you, officer. I have no further questions.

*294 On appeal, defendant argues that this testimony constitutes inadmissible other crimes evidence under La.C. of Evidence art. 404(B)(1). La.Code of Evidence art. 404(B)(1) reads as follows:

Other crimes, wrongs, or acts. (1) Except as provided in Article 412, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

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Bluebook (online)
650 So. 2d 291, 1995 WL 15411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wright-lactapp-1995.