State v. Felton
| Decision Date | 13 August 2014 |
| Docket Number | NO. 2013-KA-1029,2013-KA-1029 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | STATE OF LOUISIANA v. JAMINE E. FELTON |
NOT DESIGNATED FOR PUBLICATION
APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH
NO. 506-511, SECTION "F"
(Court composed of Chief Judge James F. McKay, III, Judge Dennis R. Bagneris, Sr., Judge Paul A. Bonin)
Leon A. Cannizzaro, Jr.
District Attorney
Matthew C. Kirkham
Assistant District Attorney
Parish of Orleans
619 South White Street
COUNSEL FOR APPELLEE, STATE OF LOUISIANA
Mary Constance Hanes
LOUISIANA APPELLATE PROJECT
P. O. Box 4015
New Orleans, LA 70178-4015
In June 2011, Jamine Felton ("Defendant") was charged by bill of information with attempted second degree murder, in violation of La. R.S. 14:(27)30.1, and possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1.1 In light of the evidence against Defendant, we hereby affirm both of Defendant's convictions and his sentence on the attempted second degree murder count, but remand for the imposition of a fine on the convicted felon in possession of a firearm count.
A trial in this matter commenced on March 4, 2013. The same date, Defendant filed a motion to declare La. C.Cr.P. art. 782(A) and La. Const. art. 1 § 17 unconstitutional on the grounds that they violate the Fourteenth Amendment's Equal Protection clause.2 The trial court denied this motion. After a jury was selected, the State filed a motion in limine to exclude the introduction of evidence of the victim's character under La. C.E. art. 609.1 and La. C.E. art. 404. Afterhearing arguments, the trial court granted the State's motion in limine.3 On March 5, 2013, the jury found Defendant guilty as to both counts. Ten of the twelve jurors found Defendant guilty of attempted second degree murder. The jury unanimously found Defendant guilty of possession of a firearm by a felon.
At the sentencing hearing on March 25, 2013, Defendant filed a motion for post-verdict judgment of acquittal and a motion for new trial.4 The same date, the State filed a motion to invoke the firearm sentencing provisions of La. C.Cr.P. art. 893.3.5 The trial court denied both of Defendant's motions as well as the motion filed by the State.6
The trial court sentenced Defendant to twelve and a half years at hard labor, without benefit of parole, probation, or suspension of sentence, and assessed $201.50 in court costs for attempted second degree murder. In connection with his conviction for possession of a firearm by a convicted felon, the trial court sentenced Defendant to ten years at hard labor, without the benefit of parole, probation, or suspension of sentence; assessed $201.50 in court costs; and ordered to pay $500 to the Indigent Defenders Transcript Fund for felony possession of afirearm.7 The trial court noted that both offenses are crimes of violence and that the sentences imposed are to run concurrently.8
The State subsequently filed a multiple offender bill charging Defendant as a double felony offender. The multiple offender bill of information alleged that in addition to his recent conviction for attempted second degree murder, Defendant previously pled guilty to possession of dextropropoxyphene on May 1, 2010 in Case No. 492-538. Defendant pled guilty to the multiple offender charge on June 6, 2013. The trial court then vacated its previous sentence for attempted second degree murder and sentenced Defendant to thirty years at hard labor, without the benefit of probation, parole, or suspension of sentence, with credit for time served, to run concurrently with the sentence imposed after his conviction for possession of a firearm by a convicted felon.9 The trial court again assessed court costs in the amount of $201.50.10 Defendant now appeals this final judgment.
On January 17, 2014, Defendant filed a motion to supplement the record on appeal with evidence relating to the victim's prior bad acts and character, which the trial court allegedly refused to permit defense counsel to proffer into evidence. In his motion, Defendant requests this Court to supplement the record of appeal with a copy of the protective order issued against the victim; a copy of the transcript of Brittany Labat's (a witness to the incident) 911 telephone call; and copies of two warrants issued for the victim's arrest. We hereby grant Defendant'smotion to supplement because the materials11 will assist this Court in determining whether the trial court's decision to exclude certain evidence relating to McCarter's prior threats denied Defendant's right to present a defense, an issue Defendant raises on appeal.12
The facts giving rise to the offenses at issue occurred on April 11, 2011, between 1:00 a.m. and 2:00 a.m. at 1840 Painters Street. Yolanda Haynes, a 911 operator and the custodian of records in the 911 department, testified that when a 911 call is received, the call is recorded and assigned a number. She identified the 911 tape in this case, which bore the item number D-16372-2011, and the incident recall associated with the 911 call, which is a hard copy of the recording. The 911 call was played for the jury. Haynes testified that the 911 tape is accurately depicted in the incident recall.
Detective Tanisha Sykes of the NOPD, Homicide Division, testified that she investigated the shooting that occurred in the 1800 block of Painters Street on April 11, 2011. At the time of the incident, Det. Sykes was assigned to the Fifth District Investigative Unit. She stated that she arrived on the scene close to 2:00 a.m. at the intersection of Franklin Avenue and North Miro Street, less than a mile from Painters Street. Upon arrival, Det. Sykes observed a victim, later identifiedas Courtney McCarter, suffering a gunshot wound to the face. McCarter was receiving medical treatment on a stretcher about to be placed in an ambulance when she arrived. Det. Sykes testified that McCarter told her "Jamine shot me." After McCarter was taken to the hospital, Det. Sykes relocated to 1840 Painters Street, where the shooting actually occurred. She stated that upon arrival she observed a trail of blood from Painters Street to the location McCarter was found. Det. Sykes identified photographs taken of the scene.
Det. Sykes testified that while on the scene she spoke with Brittany Labat, a witness to the incident, and learned that "the possible suspect was Jamine Felton." She stated that Labat did not remain cooperative in the investigation, and she was unable to locate Labat after she spoke with her the night of the shooting.
Det. Sykes stated that when she relocated to the hospital where McCarter was undergoing treatment, McCarter again informed her that Defendant was the shooter. McCarter also told Det. Sykes that Defendant lived in the 1800 block of Painters and described the house. Based on this information, Det. Sykes compiled a photographic line-up with six Louisiana driver's license photographs. She testified that McCarter was able to identify Defendant as the perpetrator. Det. Sykes stated that she then prepared a warrant for Defendant's arrest. Defendant was arrested on April 13, 2011, when he turned himself in to the Gretna Police Department.13
Det. Sykes testified that during the course of her investigation, she became aware that a video of the incident existed, captured by a neighboring property's surveillance camera. She testified that she watched the video and identified thetape in open court. Det. Sykes stated that she obtained a warrant to search Defendant's home, located at 1833 Painters Street. She testified that Defendant and his sister, Virginia Felton, lived at the address, and no evidence was found during the search of the property.
On cross-examination, Det. Sykes testified that through speaking with Labat on the day of the incident, she learned that Labat lived at 1840 Painters Street and Defendant's full name. She stated that Labat informed her that McCarter had come to Labat's residence to confront Labat and that they had an altercation over money. On redirect, Det. Sykes stated that the altercation between Labat and McCarter was not physical, and at no time was Labat attacked during the dispute. She testified that Labat had informed her that Defendant had previously stolen money from her.
Doctor Mark Welch, the Clinical Director for Oral Maxillofacial Surgery at University Hospital, testified that he treated McCarter for the gunshot wound to his face. He stated that there are multiple arteries in the face and that a gunshot wound to the face "could bleed out very easily." Dr. Welch stated during the course of his treatment, he was able to determine that the bullet entered just above McCarter's upper left lip. He testified that the medical records indicated that McCarter's condition was life-threatening when he initially came into the ER. Dr. Welch stated that bullet projectiles were found in McCarter's right cheek, "less than an inch" from McCarter's brain.
McCarter testified that prior to the April 11, 2011 shooting, he had an argument with Labat over the telephone. He stated that Labat was his ex-girlfriend, and they had dated for about two and a half years. McCarter began walking to Labat's house as he was talking to her. He testified that they weretalking about money he had given her in restitution for breaking her door. During the conversation, McCarter stated Labat informed him that she no longer had the money he paid her. McCarter stated when he got to Labat's house, she came outside on the porch. He testified he was standing in the driveway by the steps. McCarter admitted he was angry and pacing back and forth. As McCarter and Labat were talking, McCarter observed Defendant come around the corner. He said De...
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