State v. Robinson
| Decision Date | 12 April 2023 |
| Docket Number | 22-KA-310 |
| Parties | STATE OF LOUISIANA v. JACOB V. ROBINSON |
| Court | Court of Appeal of Louisiana — District of US |
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 20-2251, DIVISION "L" HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING
COUNSEL FOR DEFENDANT/APPELLANT, JACOB V. ROBINSON Prentice L. White
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr., Thomas J. Butler, Anne M. Wallis Jennifer C. Voss, Christina Fisher
Panel composed of Jude G. Gravois, Marc E. Johnson, and Stephen J Windhorst Judges
AFFIRMED
SJW
JGG
MEJ
Defendant, Jacob Robinson, appeals his convictions and sentences for two counts of armed robbery, in violation of La. R.S. 14:64, and one count of aggravated battery, in violation of La. R.S. 14:34. After careful consideration of the law and evidence, we affirm defendant's convictions and sentences.
On April 27, 2020, the Jefferson Parish District Attorney filed a bill of information charging defendant, Jacob V. Robinson with attempted armed robbery (count one), armed robbery (count two), and aggravated second degree battery (count three). At his arraignment, defendant pled not guilty to all counts.
On February 11, 2022, the State amended the bill of information. The State amended the bill as to count one to change the charge of attempted armed robbery to the armed robbery of Melbin Joel Chicas Galeas ("Mr. Galeas"). As to count two, the State amended the bill of information to change the name of the victim from Amaga Belator to Darbin Joel Amaya Villatoro ("Mr. Amaya"); and as to count three, to change the charge from aggravated second degree battery to aggravated battery of Melbin Joel Chicas Galeas. Before trial commenced, the trial court held an arraignment on the amended bill, and defendant pled not guilty.
Trial commenced on February 15, 2022 before a twelve-person jury, and on the following day, the jury unanimously found defendant guilty as charged on all counts.[1] On March 10, 2022, defendant filed a pro se Motion for New Trial.[2] On March 17, 2022, the trial court denied the motion for new trial.
On March 22, 2022, the trial court sentenced defendant to 99 years imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence on counts one and two, and to ten years imprisonment at hard labor on count three. The trial court further ordered that defendant serve the sentences on counts one and three consecutively. Defendant objected to the sentences.
Based on the testimony and evidence presented at trial, the following facts were developed regarding the March 29, 2020 incident giving rise to the armed robbery and aggravated battery convictions at issue in this appeal.
On March 29, 2020, Mr. Galeas and his wife, Herica Villararuy Gonzales Caceres, were living in an apartment in Jefferson Parish, with their two children and some relatives, Darbin Joel Amaya Viallatoro ("Mr. Amaya") and Marbin.[3] That evening, they were all sitting down in the apartment when an unknown male, later adduced to be defendant, entered the apartment without knocking on the door. Defendant's face was covered and he held a gun in his hand. Mr. Amaya described defendant as tall and wearing black clothing with a "beanie" covering his face. Defendant first put his gun to Mr. Amaya's head, who was sitting near the door, and said, "give me your money." Mr. Amaya gave defendant eighty dollars in cash defendant then asked for his phone, and Mr. Amaya gave it to him. Defendant pointed the gun at Mr. Amaya the entire time.
Defendant then demanded money from Mr. Galeas, who threw ten dollars on the floor. Mr. Galeas testified that defendant said to him, "You only have this f***ing $10" and took his phone. Defendant then started moving backwards and had the "gun pointing." Mr. Galeas testified that he was "very afraid" and believed defendant would kill him. When defendant had backed away about twelve feet, Mr. Galeas jumped up and tried to grab defendant. He grabbed defendant's hand, lifted defendant's arm, and the weapon discharged three times. A bullet hit Mr. Galeas on the head and scratched his skull, requiring two to three sutures and leaving a scar on his head. After the weapon discharged, the two other men in the apartment grabbed defendant and forced him onto the floor. One of them grabbed a brick and hit defendant with it. After this confrontation, defendant was bleeding from the head.
Soon thereafter, the police arrived, handcuffed everyone present, and spoke with all of the individuals present. A Spanish-speaking officer eventually arrived at the scene to assist with translation and speaking with those fluent only in Spanish.
An ambulance took defendant to the hospital where he received twelve staples for his injury. Mr. Galeas testified that prior to defendant's removal from the crime scene, defendant said that he would come back for them. Mr. Galeas denied meeting or seeing defendant before the night of the incident.
Miguel Antonio Varela ("Mr. Antonio"), a neighbor, testified at trial regarding the events that he witnessed relative to the crimes at issue. On the day of the incident, Mr. Antonio was living in another apartment at 1012 Orange Blossom close to Mr. Galeas and Mr. Amaya. Mr. Antonio testified that after he returned home that evening, Mr. Galeas' "little boy" came to his apartment and told him that there was a "man going with a mask." He explained that he looked in his neighbors' window and saw Mr. Galeas with a "serious face." Because he did not see anyone else inside, he returned to his apartment. Mr. Antonio testified that he heard a shot, and Mr. Galeas and the "other guy" then called for his help. He described that upon entering their apartment, he saw an unknown, young man lying on the floor and trying to escape. Mr. Antonio told Mr. Galeas to call the police while he watched. Upon arrival, the police detained them for about forty minutes, and he spoke to a Spanish-speaking officer about what he saw.
Ms. Caceres was at the apartment when the incident occurred; however, she was upstairs when defendant entered the apartment. She heard a voice she did not recognize speak in English. She then heard a noise that sounded "like a bang" or "a hit on the wall." Ms. Caceres went to the living room and saw that "they [Mr. Amaya and Marbin] were struggling with someone," and that Mr. Galeas had his hands up. During the incident, one of her sons was upstairs, and the other was outside on the porch. Ms. Caceres testified that while the stranger was still inside, she left the apartment.
Detective Randal Collins of the Jefferson Parish Sheriff's Office ("JPSO"), who was dispatched to the crime scene, also testified at trial. He testified that upon his arrival at the scene, he saw a young, Hispanic male exit an apartment that was located in the back of the building. After handcuffing this individual, the detective looked in the apartment and saw defendant lying on his back on the floor. He stated that two other Hispanic males were in the living room and another individual came down the stairs. He explained that for officer safety reasons, he handcuffed everyone present except defendant, and conducted a pat down of the individuals present, which revealed no weapons or illegal substances. Detective Collins indicated that one male was bleeding from his head and that photographs were taken of his injury. Detective Collins stated that there was an apparent language barrier, and he could not speak Spanish.
Because defendant was conscious at the time and spoke English, Detective Collins asked him about the incident. Defendant told him that he was "jumped" by the "other gentlemen" because of thirty dollars. Soon thereafter, a Spanish-speaking officer from the JPSO, Deputy Julio Alvarado, arrived and spoke with all of the Hispanic individuals present. The men were all separated and unable to talk to each other before Deputy Alvarado interviewed them. Deputy Alvarado relayed to Detective Collins that each of their verbal statements were consistent with each other, but inconsisent with defendant's version of events. As a result, defendant became a suspect, and Detective Collins questioned defendant about the inconsistences. He advised defendant of his Miranda[4] rights, and defendant acknowledged he understood. Detective Collins recalled that defendant maintained that he "went over there and they jumped him."
Detective Collins testified that one photograph depicted the "little skull" mask worn by defendant, and another photo showed defendant lying on his back on the floor. He pointed out that another photograph showed a bullet hole in the ceiling.
Defendant testified at trial and told a different story regarding that evening. Defendant asserted that at the time of the incident, he had known the alleged victims for a few months from "going that way" and claimed that they would ask him to obtain drugs for them. He stated that he did not know their names; but that he called them "friend", and they called him "Ray." Defendant testified that on the day in question, he went to the alleged victims' apartment because they wanted drugs and the money that he owed them. Defendant recalled that after he knocked, Mr. Galeas came outside, and they argued about the drugs not being what they "were supposed to be." He recalled that Mr. Galeas and "the other guy" wanted their money back. When asked what happened to the drugs because there were none found at the crime scene, he claimed that they must have gotten rid of the drugs.
Defendant contended at trial that Mr. Galeas hit him in the head with a brick, that he...
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