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State v. Payton3/15/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS
We granted the State's writ application to determine whether the court of appeal erred in finding the State failed to prove beyond a reasonable doubt that the defendant is a third-felony offender, in violation of the Louisiana Habitual Offender Act. After carefully reviewing the record and well-established Louisiana jurisprudence, we find the court of appeal erred in its ruling. We therefore reverse and remand for sentencing as a multiple offender.
FACTS AND PROCEDURAL HISTORY
Johnell Payton ("defendant") was charged by the District Attorney for the Parish of Orleans ("the State") with dual bills of information. The indictments alleged the defendant was guilty of: (1) two counts of armed robbery, a violation of LSA-R.S. 14:64 and (2) one count of being a felon in possession of a firearm, a violation of LSA-R.S. 14:95.1.
At his arraignment, defendant pled not guilty. After trial by a twelve-member jury in the Criminal District Court for the Parish of Orleans, defendant was found guilty of first degree robbery as to count one of the indictment and guilty of armed robbery as to count two. Accordingly, the court sentenced him to twenty years at hard labor, with credit for time served on count one, and twenty-five years at hard labor, with credit served on count two. The sentences were to run concurrently.
After the trial court imposed its sentence, the State filed a multiple bill of information charging the defendant as a third-felony offender, in violation of Louisiana's Habitual Offender Act. Following a hearing on the matter, the court denied the multiple bill, finding the State had not met its burden of proving the defendant's guilt beyond a reasonable doubt in one of the specified offenses. At the multiple bill hearing, the trial judge indicated:
The court finds that the State has failed to prove beyond a reasonable doubt that the defendant is a triple offender, particularly in light of the 1995 [conviction] for which there are no fingerprints on the Plea of Guilty Form to confirm that was, in fact, Johnell Payton. Therefore, the multiple-bill hearing is dismissed in this matter, and the original sentence stands as it is. Transcript of Multiple Bill Hearing (8/24/98) at 30.
In an opinion not designated for publication, the Fourth Circuit Court of Appeal affirmed the defendant's conviction and sentence. The circuit court also affirmed the trial court's ruling that the State failed to meet its burden of proof concerning one of the defendant's prior convictions, but found the trial court acted without authority because the dismissal was not supported by any Code of Criminal Procedure article or statute. Therefore, it reversed the trial court's dismissal of the multiple bill. The case was remanded to the trial court for determination of whether the defendant was a third-felony offender.
We granted the State's subsequent writ application to evaluate the court of appeal's ruling. 00-K-2899 (La. 9/21/01), __ So.2d __. As part of our evaluation, we find it appropriate to first review the factual allegations concerning both counts of the bill of information before discussing the relevant jurisprudence.
Count One
At trial, New Orleans police officer Melvin Labeaud testified that he was working a paid detail on December 23, 1997, at the Walgreen's store on Chef Menteur Highway in New Orleans East. At approximately 7:15 p.m., Ms. Martha Mitchell informed Officer Labeaud that she had been robbed in the store's parking lot by a black male wearing a black and orange jacket and dark pants. As he exited the store,
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