State v. Jackson

• Decision Date: 24 February 2016
• Docket Number: No. 50,400–KA.,50,400–KA.
• Citation: 189 So.3d 1150
• Parties: STATE of Louisiana, Appellee v. Laravious JACKSON, Appellant.
• Court: Court of Appeal of Louisiana — District of US

189 So.3d 1150

STATE of Louisiana, Appellee

v.Laravious JACKSON, Appellant.

No. 50,400–KA.

Court of Appeal of Louisiana, Second Circuit.

Feb. 24, 2016.

Louisiana Appellate Project by Mary Constance Hanes, for Appellant.

James E. Stewart, Sr., District Attorney, Kelvin M. Rodgers, William C. Gaskins, Tommy J. Johnson, Assistant District Attorneys, for Appellee.

Before WILLIAMS, MOORE and LOLLEY, JJ.

MOORE, J.

A jury found the defendant, Laravious Jackson, guilty as charged of armed robbery, a violation of La. R.S. 14:64. Jackson was sentenced to 12 years' imprisonment at hard labor, without benefit of probation, parole, or suspension of sentence. He now appeals his conviction, alleging the evidence was insufficient to convict. For the following reasons, we affirm the conviction and sentence.

FACTS

Laravious Jackson, the defendant herein, along with Brittany R. Moses and Floyd D. Agee, were charged with the armed robbery of Quincy Jones, a violation of La. R.S. 14:64. All three defendants initially pled "not guilty" to the charge. Subsequently, by individual plea agreements, Brittany and Floyd each pled guilty to simple robbery in exchange for specified sentences and each agreed to testify truthfully at the trial of Laravious Jackson as part of the plea agreement.

Brittany and Floyd testified at Jackson's trial, as well as the victim, Quincy Jones. Each gave his (or her) version of the events leading to and the commission of the crime. Because there are inconsistencies in their respective accounts of the incident, the defendant contends by his sole assignment of error that the evidence was insufficient to sustain the conviction.

We begin with the testimony of the victim, Quincy Jones. Jones testified that, on the evening of the crime, Brittany Moses sent him a text message suggesting that they "hook up." Jones explained that Brittany was an old friend and former co-worker who on occasion danced and performed stripteases for him in exchange for cash. He testified that no actual sex was involved, and her request to "hook up" simply meant that she needed some cash. Jones said he told Brittany he could meet her that night, and she could spend the night at his house,¹ or, instead, they could meet at another time later. Jones said he needed to go to an ATM to withdraw cash.

Brittany arrived at Jones's house located on Regent Street in the Ingleside neighborhood of Shreveport with her cousin, Floyd Agee, and another person called "Ray Ray." Jones got in the back seat with Brittany, while Floyd drove. The front seat passenger was the defendant, Laravious Jackson. Brittany introduced him to Jones as "Ray Ray."

Floyd drove to an ATM located at a Circle K near the Mansfield Road/Walker Road area where Jones withdrew $300 cash. Jones testified that he gave Brittany $75 and told her he would give her the other half of the money after the entertainment, "if it was to be some."

He testified that Floyd and Jackson began demanding money for gas, and he gave them $10. He said that Floyd and Jackson complained that it was not enough money and continued to press for more money as they were ostensibly driving to Floyd's mother's house which backed up to a park. When they arrived at the park, both Floyd and the defendant got out of the car. Jones said he remained in the back seat of the vehicle "just playing ... in my zone." After a few minutes, Brittany also got out of the car.

After 10 minutes, all three returned to their same places in the car. Floyd drove to the Mansfield or Walker Road area. Jones testified that Floyd and Ray Ray started up again about the gas money, and then accused him of being "smart mouthed." When the car came to a dark, secluded area, he testified that Ray Ray said, "That's it. Pull over the car." Jones said Floyd got out of the car, walked to the back of the car, opened the door, and hit him three times. Meanwhile, Ray Ray got out, walked around to Jones's side of the car, and pointed a silver gun at him. Jones said that the defendant said: "I'll blow your brains out. I'll kill you right here. You don't know me. Keep talking. And you better give up the money."

Jones said he gave Floyd the remaining $150 of the $300 he withdrew from the ATM. He said he had given Brittany $75 first, then another $75. He said that Brittany also gave her $150 to Floyd. Floyd then gave the money to the defendant to count it. He said Ray Ray counted up the money which totaled $300.

Afterwards, they drove Jones back to his neighborhood, dropping him off about 3 blocks from his house. According to Jones, before they dropped him off, the defendant threatened him by saying:

I'm going to kill you if you say anything. You better not call the police. I'm going to kill your mamma. I'm going to kill your girlfriend's babies and all. I'm going to remember the red car in our yard and all that, and I'm going to shoot up your house.

After arriving at home, Jones waited a little while, and then walked to a nearby gas station to call the police.

Following an investigation, Jackson, Brittany, and Floyd were all charged with armed robbery. Jackson filed pro se motions to suppress the conflicting statements of all three perpetrators and to quash the indictment on grounds that the state could not prove his guilt beyond a reasonable doubt due to their conflicting statements.

Jackson also filed a pro se "motion for identification" on grounds that the victim was unable to identify the defendant as the robber from the photograph lineup. He filed an additional pro se motion to suppress evidence on grounds that Brittany and Floyd gave false and conflicting statements to police without warrants for their arrest.

The court considered the motions on the first day of trial. The trial court denied all of the pro se motions. Jackson's attorney stated for the record that the defendant had declined the state's plea offer of six years. The defendant confirmed his choice for the court and stated that he was ready for trial.²

Officer Jeffrey Bordelon and Detective John Jackson, of the Shreveport Police Department, investigated the armed robbery reported on the night of December 10, 2013. They interviewed the victim, Quincy Jones.

Bordelon testified that Quincy Jones told him that he made arrangements to pay for sex with Brittany. Brittany arrived at his house in a gold-colored, four-door, Camry and had two black males in the front. She was in the back seat. They drove to a Circle K convenience store, where Jones withdrew $300 in cash from the ATM machine. Jones produced his receipt for the ATM machine, which was put into evidence, and which showed that he withdrew $300 from the machine. After driving to Day Street, Jones told Officer Bordelon that the driver got out of the car and struck him in the face several times. The front seat passenger exited the vehicle to stash some narcotics, and then pointed a silver handgun in Jones's face and demanded money. The officer did not see any visible bruising on Jones's face, and Jones declined medical attention.

Brittany Moses testified that she had been friends with Jones since they had previously worked together. On December 9, 2013, she and Jones were texting each other, and Jones asked her to come over, and he would give her $300. She indicated that Jones frequently gave her money, but she denied that she performed any services in return for the payments.

Once they had agreed to meet, Brittany called her cousin, Floyd Agee, to take her to Jones's house. She also instructed Floyd to pick up Lavarious "Ray Ray" Jackson, the defendant herein. She said that she told Ray Ray of her plans, that is, that she was going to pick up some money from Jones, and that Ray Ray was cool with it—at first. They drove to Jones's house on Regent Street, and then took him to an ATM located at a Circle K on Walker Road. She testified that while Jones was inside the store getting money from the ATM, the defendant began talking about robbing Jones.

After Jones returned to the vehicle and drove off, Brittany testified that the defendant tried to reach into Jones's "hoodie" to get his money. When Jones pushed the defendant's hand away, the defendant pulled out a gun and pointed it at Jones.

According to Brittany, Floyd immediately stopped the car when the defendant pulled the gun. Ray Ray then got out of the car, went around (the car), opened the back door, and pointed the gun at Jones's face.

Brittany testified that Jones pushed the money at her. Then, she said the defendant was swinging at Jones, and the money was flying everywhere. She said she tried to collect all the money and was counting it when the defendant snatched it from her hands. The defendant told Brittany to take Jones's telephone because it contained the text messages from her. She took the phone, but gave it back to Jones because, she said, she felt sorry for him. After robbing him, they dropped Jones off about a block from his house. Prior to dropping off Jones, she said that the defendant was "talking crazy," but she said she could not remember what was said.

Brittany admitted that she initially lied to police about the robbery, telling Detective Jackson that a man known as "Cutthroat" committed the robbery. She said that the defendant was still her boyfriend at that time, and they (the defendant and Floyd) told her not to say anything. However, she eventually gave police the defendant's name, and she identified the defendant as the robber in a photo lineup. She wrote and signed the back of the defendant's photo stating that the person in the photo was the person who committed the robbery. This identification was put into evidence.

Floyd Agee testified that on the evening before the crime, Brittany called him about obtaining some money in exchange for sex, or dancing. He indicated that Brittany's involvement in such transactions occurred on a regular basis with both men and women. Floyd said that Brittany told him that she had a "trick" at 1:00 (a.m.), and he picked her up about 10:30 p.m., December...