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State v. Payton3/15/2002
Labeaud saw the suspect running from the store's parking lot. Labeaud gave chase on foot. He searched the area, with the assistance of other officers who were notified by a Walgreen's employee. However, they were unsuccessful in finding the suspect.
Ms. Mitchell testified that as she exited her car in the store's parking lot, the defendant brandished a firearm and told her to "give it up." She indicated that after handing him her purse, he turned and fled on foot as she ran into Walgreen's to seek assistance. She indicated that she observed the defendant's face for approximately twenty to thirty seconds, in good light, in the parking lot. A short time later, she identified the defendant from a photo lineup as her assailant.
Count Two
Gwendolyn Mackey, a security guard at the Winn Dixie Store located at 500 North Carrollton Avenue in New Orleans, testified that on December 26, 1997 she received word that a customer was robbed at gunpoint in the store's parking lot. As Mackey exited the store to the parking lot, she immediately noticed the victim screaming and pointing to a man walking out of the parking lot. The victim, Sister Francis Regis (Merianne Feise), told Mackey the robber wore army fatigues, a white shirt, and boots. As Mackey followed the suspect in her car, her partner followed him on foot. The officers cornered the suspect and took him back to the store. Upon seeing the suspect, the victim identified him as the robber. The officers retraced the suspect's path and found the victim's purse beside a tree approximately one-half block from the store. After the suspect was identified, police officers inspected his car, which he abandoned prior to walking out of the parking lot. The police identified the car as stolen, found a handgun on the front passenger seat, and placed the suspect under arrest.
Sister Francis Regis testified that as she opened her car door, a black male placed a gun to her head and demanded her purse. She indicated that after handing him the purse, he walked to his car and she screamed for help. As a crowd gathered, the suspect exited his car and left on foot. She testified that she described her assailant's physical characteristics and clothing to the store's security guards. Approximately ten minutes later, the officers returned the suspect to the store and she identified him as the defendant.
LAW AND ANALYSIS
The State alleges that both the district court and court of appeal erred in finding the evidence presented was insufficient to prove the defendant was a third-felony offender. The State argues the Fourth Circuit failed to follow its own jurisprudence as well as the jurisprudence of this Court. Specifically, the State argues the court of appeal ignored its holding in State v. Henry, 96-1280 (La. App. 4 Cir. 3/11/98), 709 So.2d 322 and our holding in State v. Lindsey, 99-3256 (La. 10/17/00), 770 So.2d 339. In addressing the State's allegations, we shall discuss each case in turn.
In Henry, the defendant was found guilty of the October, 1994 simple burglary of an inhabited dwelling. After conviction, the State charged defendant as a fourth-offender. However, defendant contended there were no grounds for such because of insufficient proof of his identity in a 1991 simple escape charge. In rebuttal, the State introduced a certified copy of the 1991 conviction with the same defendant's Bureau of Identification number, physical description, birth date, and social security number. See Henry, 709 So.2d at 326. Therefore, the court of appeal found there was sufficient evidence to maintain the district court's four-felony conviction.
In Lindsey, an opinion of consolidated cases, two defend
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