94-2432 La.App. 4 Cir. 1/31/96, State v. Marcelin

• Citation: 669 So.2d 497
• Parties: 94-2432 La.App. 4 Cir
• Decision Date: 31 January 1996
• Court: Court of Appeal of Louisiana (US)

Page 497

669 So.2d 497

94-2432 La.App. 4 Cir. 1/31/96

STATE of Louisiana v. Hoxie MARCELIN.

No. 94-KA-2432.

Court of Appeal of Louisiana,

Fourth Circuit.

Jan. 31, 1996.

Appeal from the Criminal District Court, Orleans Parish No. 370-203, Section "I" Raymond C. Bigelow, Judge; AFFIRMED.

Harry F. Connick, District Attorney, Kim Madere Graham, Assistant District Attorney, New Orleans, for Plaintiff/Appellee.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for Defendant/Appellant.

Before SCHOTT, C.J., and LOBRANO and JONES, JJ.

[94-2432 La.App. 4 Cir. 1] SCHOTT, Chief Judge.

Defendant was convicted of being a convicted felon in possession of a firearm in violation of La.R.S. 14:95.1. He was sentenced to five years at hard labor without the benefit of parole, probation, or suspension of sentence, and a fine of $1,000.00.

Midmorning on May 11, 1994, police officers responded to a call of criminal damage to property at the apartment of Tonya Hill. A rear window had been broken in the apartment, and Ms. Hill told the responding officers that the defendant broke the window. She indicated that defendant was her former boyfriend, and when she would not let him into the apartment, he broke the window. Ms. Hill gave the officers a physical description of defendant and of his clothing. She told them that defendant could be found in the 1900 block of Sixth Street, near the corner of Dryades Street.

Officers Cotton and Scott drove to that location and spotted two men sitting on the steps of 1919 Sixth. One man was James Smith who lived at this address and the other was the defendant who fit the description given by Ms. Hill. As the officers pulled up to the men, defendant got up, and ran down an alley toward the back of the building. Officer Cotton gave chase, while Officer [94-2432 La.App. 4 Cir. 2] Scott remained in the car in case defendant veered in a different direction. Both officers saw defendant throw a gun up into the air while running down the alleyway. Defendant was apprehended and Officer Cotton retrieved the gun.

The officers took defendant back to Ms. Hill's apartment, where she identified him as the person who broke her rear window. A computer check revealed defendant had a prior felony conviction.

Defendant testified that he wanted to retrieve his clothes from Hill's apartment, but she would not let him in. He got a knife from Smith intending to use it to pry open a window in Hall's apartment and was sitting on the steps with Smith when the officer drove up. He threw the knife inside the house and walked toward the officers who grabbed him. They found a gun in the adjoining lot, but he denied possessing it. He admitted he was a convicted felon and knew he was not supposed to possess the gun.

Smith testified that he was talking to defendant on his front steps when the police came and defendant threw the knife inside his house. He didn't see him with a gun, but he said defendant walked into the alley at one point and he lost sight of defendant at that time. He said the officers found a gun in the lot next...