State Of Louisiana v. Joshua Chaisson ( 2023 )


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  •                     NOT DESIGNATED FOR PUBLICATION
    STATE OF LOUISIANA
    COURT OF APPEAL
    FIRST CIRCUIT
    NO. 2023 KA 0115
    STATE OF LOUISIANA
    VERSUS
    r
    JOSHUA CHAISSON
    Judgment Rendered.                  SEP 15 2023
    Appealed from the
    1.7th Judicial District Court
    In and for the Parish of Lafourche
    State of Louisiana
    Case No. 599880, Division B
    The Honorable Steven N. Miller, Judge Presiding
    X   C X   7F   x   7ti   X   ZF
    Prentice L. White                                          Counsel for Defendant/ Appellant
    Baton Rouge, Louisiana                                 Joshua Chaisson
    Kristine Russell                                           Counsel for Appellee
    District Attorney                                          State of Louisiana
    Joseph S. Soignet
    Shaun George
    Assistant District Attorneys
    Thibodaux, Louisiana
    BEFORE: THERIOT, PENZATO, AND GREENE, JJ.
    THERIOT, J.
    The defendant, Joshua Chaisson, was charged by bill of information with
    armed robbery ( count two), a violation of La. R. S.               14: 64, being a convicted felon
    in possession of a firearm or carrying a concealed weapon ( count three), a violation
    of La. R.S. 14: 95. 1, and attempted second degree murder ( count four), a violation
    La. R.S. 14: 27 and La. R.S. 14: 30. 1.'            He pled. not guilty, and, after a trial by jury,
    was found guilty as charged on all three counts. The trial court denied a motion for
    new trial and a motion for post -verdict judgment of acquittal filed by the
    defendant.       The    trial    court      sentenced    the   defendant    to   ninety-nine    years
    imprisonment at hard labor without the benefit of probation, parole, or suspension
    of sentence on count two, twenty years imprisonment at hard labor on count three,
    and fifty years imprisonment at hard labor without the benefit of probation, parole,
    or suspension of sentence on count four. The trial court ordered that the sentences
    on counts two and three be served concurrently, and that the sentence on count four
    be served consecutively to the sentences on counts two and three.                     The defendant
    now appeals, assigning error to the sufficiency of the evidence and the admission
    of a pretrial photographic lineup identification at trial. For the following reasons,
    we affirm the convictions and sentences.
    STATEMENT OF FACTS
    On August 3, 2020, Deputy Thomas Duhig and Detective Elizabeth Leon of
    the Lafourche Parish Sheriffs Office ( LPSO), responded to complaints, first
    reported at 8: 21 p.m., of gunshots heard in the Raceland/ Greentown community.
    Prior to the shooting, Leroy Allen, the victim, received text messages' from Hailey
    The defendant was also charged on count one with aimed robbery with a firearm, a violation of
    La. R. S. 14: 64 and La. R. S. 14: 64. 3.   However, prior to the commencement of trial, the State
    nol- prossed this charge.
    The text messages were of a sexual nature, in which Hailey Curole invited Allen to her
    residence and told him to come alone.
    Curole, whom he knew as the mother of his cousin' s child, and then drove to
    Curole' s residence.   As Allen exited his truck, an individual armed with a gun
    approached him,     put the gun up to Allen' s head, and told him to give him
    everything he had.     Allen surrendered his keys,   glasses,   cell   phone,   and   wallet
    containing $ 400.
    The gunman ordered Allen to get back into his truck.              As the gunman
    entered the passenger side of the truck, he told Allen to drive to a secluded area
    known as the " Forties."    Allen refused, believing that the gunman wanted to kill
    him without any witnesses. The gunman then put the gun to Allen' s head again
    and pulled the trigger.    The gun made a clicking sound but did not discharge.          As
    the gunman attempted to unjam the gun, Allen jumped out of the moving truck. As
    he ran into a store parking lot, he heard approximately ten gunshots being fired in
    his direction.
    Deputy Duhig and Detective Leon made contact with Allen and located ten
    shell casings in and around the store parking lot, where Allen ran when he escaped
    from the truck. Detective Leon went to Curole' s residence and learned that a truck
    parked in her driveway was registered in the defendant' s name.          Allen identified
    the defendant as the gunman in a six -person photographic lineup and again in court
    during the trial.
    The defendant did not testify at trial. Prior to trial, during an interview by
    Detective Leon, the defendant stated that he had no knowledge of the incident.
    ASSIGNMENT OF ERROR NUMBER ONE
    In assignment of error number one, the defendant argues that the evidence
    presented was insufficient to support the convictions.          He argues the victim' s
    identification of him was inadequate and contends that there was no physical
    3
    evidence connecting him to the offenses. 3 Thus, he argues his convictions should
    be reversed.
    A conviction based on insufficient evidence cannot stand, as it violates due
    process.     See U.S. Const. amend. XIV, La. Const. art. 1, §               2.   The standard of
    review for sufficiency of the evidence to support a conviction is whether or not,
    viewing the evidence' in the light most favorable to the prosecution, a rational trier
    of fact could conclude that the State proved the essential elements of the crime, and
    the defendant' s identity as the perpetrator of that crime, beyond a reasonable
    doubt. See Jackson v. Virginia, 
    443 U.S. 307
    , 319, 
    99 S. Ct. 2781
    , 2789, 
    61 L.Ed.2d 560
     ( 1979);       State v. Currie, 2020- 0467 ( La. App. 1 st Cir. 2122121), 
    321 So. 3d 978
    , 982.
    When a conviction is based on both direct and circumstantial evidence, the
    reviewing court must resolve any conflict in the direct evidence by viewing that
    evidence in the light most favorable to the prosecution. When the direct evidence
    is thus viewed, the facts established by the direct evidence and the facts reasonably
    inferred from the circumstantial evidence must be sufficient for a rational juror to
    conclude beyond a reasonable doubt that the defendant was guilty of every
    essential element of the crime.         Currie, 321 So. 3d at 982.        When a case involves
    circumstantial evidence and the jury reasonably rejects the hypothesis of innocence
    presented by the defense, that hypothesis falls, and the defendant is guilty unless
    there is another hypothesis which raises a reasonable doubt. State v. Dyson, 2016-
    3 The defendant is not arguing that the offenses did not occur, but rather challenges his identity
    as the perpetrator of the offenses.
    a The admission of Allen' s pretrial identification is at issue in assignment of error number two.
    We note that the entirety of the evidence, both admissible and inadmissible, must be considered
    in determining the sufficiency of the evidence. If the entirety of the evidence, both admissible
    and inadmissible, is insufficient to support the conviction, the accused is entitled to an acquittal
    and no further inquiry as to trial errors is necessary. See State v. Hearold, 
    603 So. 2d 731
    , 
    734 La. 1992
    ). On the other hand, when the entirety of the evidence, admissible and inadmissible, is
    sufficient to support the conviction, the accused is not entitled to an acquittal, and the reviewing
    court must consider assignments of trial error to determine whether the accused is entitled to a
    new trial.   id; State v. Duhon, 2018- 0593 ( La. App. i st Cir. 12128118), 
    270 So. 3d 597
    , 609, writ
    denied, 2019- 0124 ( La. 5/ 28119), 
    273 So. 3d 315
    .
    4
    1571 ( La. App.       1 st Cir. 612117), 
    222 So. 3d 220
    , 228, writ denied, 2017- 1399 ( La.
    6115118), 
    257 So. 3d 685
    .
    Armed robbery is the taking of anything of value belonging to another from
    the person of another or that is in the immediate control of another, by use of force
    or intimidation, while armed with a dangerous weapon.                         La. R. S.   14: 64( A).
    Possession of a firearm or carrying a concealed weapon by a convicted felon is the
    possession of a firearm by any person who has been convicted of a statutorily
    enumerated felony.'        La. R. S. 14: 95. 1( A). Attempted second degree murder is the
    specific intent to kill' and the commission of an overt act tending toward the
    accomplishment of that goal.           See La. R.S. 14: 27 and 1. 4: 30. 1;     State v. Barnett,
    96- 2050 ( La. App. 1st Cir. 9/ 23/ 97), 
    700 So.2d 1005
    , 1009.
    Specific intent is that state of mind which exists when the circumstances
    indicate that the offender actively desired the prescribed criminal consequences to
    follow his act or failure to act. La. R.S. 14: 10( 1),              Though intent is a question of
    fact, it need not be proven as a fact.         It may be inferred from the circumstances of
    the   transaction.      Specific intent may be proven by direct evidence,                  such   as
    statements by a defendant, or by inference from circumstantial evidence, such as a
    defendant' s actions or facts depicting the circumstances.                   Specific intent is an
    ultimate legal conclusion to be resolved by the fact finder.                Currie, 321 So. 3d at
    982- 83.
    The State bears the burden of proving the elements of the offense, along
    with the burden of proving the identity of the defendant as the perpetrator.                  When
    the key issue is the defendant' s identity as the perpetrator, rather than whether the
    Herein. the parties stipulated that the defendant was previously convicted of the underlying
    felony of possession with intent to distribute rnethamphetamine and that ten years had not
    elapsed between the date of completion of sentence, probation, parole, or suspension of sentence
    and the date of the instant offenses. See La. R. S. 14: 95. 1( Q.
    Although the statute for the completed crime of second degree murder allows for a conviction
    intent to kill or to inflict great bodily harm," La. R. S. 14: 30. 1, attempted
    based on " specific
    second degree murder, requires specific intent to kill. State v. Bishop, 2001- 2548 ( La. 1114103),
    
    835 So. 2d 434
    , 437.
    5
    crime was committed, the State is required to negate any reasonable probability of
    misidentification.       A positive identification by only one witness is sufficient to
    support a conviction.        State v. Coleman, 2017- 1045 ( La. App. 1st Cir. 4113118),
    
    249 So. 3d 872
    , 877- 78, writ denied, 2018- 0830 ( La. 2118119), 
    263 So. 3d 1155
    .                  In
    this case,    the defendant only challenges the evidence as to the identity of the
    perpetrator, not the elements of the offenses.
    At trial,   the State provided overwhelming evidence of the defendant' s
    identity as the perpetrator of the instant offenses, including Allen' s positive
    identification and the defendant' s admissions in jail phone calls.               On the night of
    the incident, Allen described the gunman? to Deputy Duhig as an approximately
    six feet tall, 150 to 180 pound, white or Hispanic male with " a bunch of tattoos."
    Two days later, on August 5th, Allen told Detective Leon that the perpetrator had a
    child with Curole and showed the detective Facebook images that were on his
    replacement      cell phone,    including photographs of the defendant.            Detective Josh
    Borskey of the LPSO then conducted the photographic lineup.                    Allen selected the
    defendant from the lineup within twenty seconds of reading the instructions.                      At
    trial, Allen testified that he picked the defendant out of the lineup because "[ tlhat' s
    who it was."       He again identified the defendant in court.             Allen denied that the
    defendant was only shooting in the air, noting that the bullets passed very close to
    him.
    The State further introduced at trial the defendant' s jail phone calls with his
    sister, made shortly after the incident occurred. The defendant implicated himself
    in the first phone call, in which he told his sister that he would not be convicted of
    attempted murder, explaining, " because I didn' t hit him."                The defendant further
    On crass -examination, Detective Leon stated that Allen described the perpetrator as a white,
    short, bald- headed male with tattoos.   When Allen testified, he clarified what he meant by bald,
    confirming that he did not mean completely bald, but instead meant the perpetrator had a " low
    cut."   The photograph of the defendant in the lineup is consistent with Allen' s description, in that
    the defendant appeared to be a white male with a low haircut.
    n
    relayed that there was no evidence and stated, "    They don' t know ... it' s my word
    against his."
    During the second phone call, the defendant' s sister asked him if he was
    wearing a mask that night.      The defendant again implicated himself, confirming
    that he was not wearing a mask and that his face was visible.            The defendant
    further stated that " Hailey" was not going to show up for court if she really loved
    him as she claimed and that there was no case without her.           He also stated, in
    reference to his police interview, that the police tried to get him to " tell on
    myself[,]"
    but he did not do so, reiterating that they only had Curole' s statement.
    In a third call, the defendant told his sister to make " her" ( presumably
    Curole) understand that if they were to get married, they could not be forced to
    testify against each other and to tell her to " stick to the plan." During the third and
    fourth calls, the defendant also coached his sister regarding his alibi, telling her
    that she picked him up, that he spent time at her house, and that she brought him
    home right before midnight.        Further, in the fourth call, the defendant' s sister
    stated that she had a friend manipulate the timestamp on a picture of the defendant
    in her bed, in an attempt to make it appear that the defendant was at her house on
    the night of the offenses.
    During a fifth call, the defendant again instructed his sister to let " Hailey"
    know that if she did not stick to the plan, she would be going to jail as well.      The
    defendant repeatedly detailed a " story" in which he apparently wanted Curole to
    admit to inviting " ole dude" ( presumably Allen) to her residence, to say that Allen
    was drunk when he arrived and tried to force himself on her, and that she refused
    his advances.
    Also introduced at trial, the defendant had a two- part recorded jail phone
    call in April of 2021,   with Allen, in which the defendant fully confessed to being
    the shooter.    The defendant told Allen that he was protecting his kids and that
    7
    Allen just pulled up at the wrong time and that the " sh* t wasn' t for me and you[,}"
    indicating that he had an issue with another person who was supposed to be in the
    area that day. The defendant further told Allen that he did not have any " beef'
    with him, that he was not trying to harm him, and that he was only shooting in the
    air.
    In the absence of internal contradiction or irreconcilable conflict with the
    physical    evidence,    one witness' s testimony, if believed by the trier of fact, is
    sufficient to support a factual conclusion.             Further,      where there is conflicting
    testimony about         factual   matters,    the   resolution   of    which   depends   upon   a
    determination of the credibility of the witnesses, the matter is one of the weight of
    the evidence, not its sufficiency.           State v. Alexander, 2014- 1619 ( La. App. 1st
    Cir. 9/ 18/ 15), 
    182 So. 3d 126
    , 131, writ denied, 2015- 1912 ( La. 1125116), 
    185 So. 3d 748
    .   Accordingly, on appeal, this court will not assess the credibility of witnesses
    or reweigh the evidence to overturn a fact finder' s determination of guilt. State v.
    Lavy, 2013- 1025 ( La. App. 1st Cir. 311 1114),          
    142 So. 3d 1000
    , 1006, writ denied,
    2014- 0644 ( La. 10131/ 14), 
    152 So. 3d 150
    .
    While the defendant argues that he was misidentified, the verdicts rendered
    in this case indicate that the jury rejected the defendant' s hypothesis of innocence.
    The State presented to the jury Allen' s positive identification of the defendant as
    the perpetrator both at trial and during a pretrial photographic lineup, as well as the
    defendant' s own incriminating statements during recorded jail phone calls. Allen' s
    testimony was consistent with the evidence found by the police, including the ten
    shell casings and the location of the defendant' s vehicle where Allen said he was
    accosted.    In reviewing the evidence presented at trial, we cannot say that the
    jury' s determination was irrational under the facts and circumstances presented.
    See State v. Ordodi, 2006- 0207 ( La. 11129/ 06), 
    946 So. 2d 654
    , 662.
    An appellate court errs by substituting its appreciation of the evidence and
    credibility of witnesses for that of the fact firoder and thereby overturning a verdict
    on the basis of an exculpatory hypothesis of innocence presented to, and rationally
    rejected by, the jury. See State v. Calloway, 2007- 2306 ( La. 1121109),                          
    1 So. 3d 417
    , 418 ( per curiam).       Viewing the evidence in the light most favorable to the
    prosecution, we find that a rational trier of fact could have found that the State
    proved beyond a reasonable doubt all of the elements of armed robbery, convicted
    felon in possession of a firearm or carrying a concealed weapon, and attempted
    second degree murder,         and the defendant' s identity as the perpetrator of those
    offenses.   Thus, we find no merit in assignment of error number one.
    ASSIGNMENT OF ERROR NUMBER TWO
    In assignment of error number two, the defendant argues that the six -man
    photographic lineup used to identify him before the trial was unduly suggestive.
    He argues the trial court should have ruled the lineup inadmissible.
    In Manson v. Brathwaite, 
    432 U. S. 98
    ,                      114, 
    97 S. Ct. 2243
    ,         2253, 
    53 L.Ed. 2d 140
     ( 1977), the Supreme Court concluded, " reliability                       is the linchpin in
    determining      the    admissibility    of     identification       testimony[.]"          A   defendant
    identification         must    prove        the   identification   was
    attempting to      suppress    an
    suggestive and that the totality of circumstances presented a likelihood of
    misidentification.      An identification procedure is unduly suggestive if it displays
    the defendant so that the witness' s attention is unduly focused on the defendant.
    State v. Carter, 2014- 0742 ( La. App. 1st Cir. 3125/ 15), 
    167 So. 3d 970
    , 973.                        Even
    if the identification is considered suggestive,                  that alone does not indicate a
    violation   of   the    defendant' s    right   to       due   process.    It    is   the   likelihood   of
    misidentification that violates due process, not merely the suggestive identification
    9
    procedure.'     Strict identity of physical characteristics among the persons depicted
    in a photographic array is not required;                 however, there            must be   sufficient
    resemblance to reasonably test the identification. A trial court' s deterinination of
    the admissibility of identification evidence is entitled to great weight and will not
    be disturbed on appeal in the absence of an abuse of discretion. State v. Johnson,
    2000- 0680 ( La. App. 1st Cir. 12122100), 
    775 So.2d 670
    , 677, writ denied, 2002-
    1368 ( La. 5130103), 
    845 So. 2d 1066
    .
    Herein,    while   the   defendant     did    not   file   a    motion     to   suppress    the
    identification, he did object to the admission of the photographic lineup during the
    trial.     The defendant argued the pretrial photographic lineup was suggestive
    because the victim described the shooter as a short, bald, white man, and no bald-
    headed men were included in the lineup, only men who favored the defendant.
    The trial court overruled the initial objection because there had yet to be testimony
    that the victim described the shooter as stated by the defense attorney and no
    pretrial motion to suppress had been filed.              The defendant re -urged his objection
    during Detective Borskey' s testimony, and the trial court again overruled the
    objection, finding that the lineup was properly constructed and was not required to
    match the preliminary description provided by the victim.
    We are not persuaded by the defendant' s claim that the depictions in the
    photographs         were   inconsistent   with    the    victim' s       initial   description   of   the
    perpetrator.    The victim testified at trial that when he described the perpetrator as
    bald, he did not mean a fully bald head and instead meant that the perpetrator had a
    low haircut.        This description is wholly consistent with the photographs in the
    8 We note that if the identification procedure is determined to be suggestive, courts look to the
    totality of the circumstances" as informed by the five factors set forth by the United States
    Supreme Court in Neil v. Biggers, 
    409 U. S. 188
    , 199- 200, 
    93 S. Ct. 375
    , 382, 
    34 L. Ed. 2d 401
    1972). These factors include the opportunity of the witness to view the criminal at the time of
    the crime, the witness' s degree of attention, the accuracy of the witness' s prior description of the
    criminal, the level of certainty demonstrated by the witness at the confrontation, and the length
    of time between the crime and the confrontation. Irl.
    10
    array, including the photograph of the defendant. A review of the lineup reveals
    that all of the individuals pictured appear to be white males with the same or
    similar hair color, the background of each picture looks to be similar, and no
    individual appears to be wearing an item of clothing that would draw undue
    attention to     that   person.     Based on the totality of the characteristics of the
    individuals in the photographic lineup, we agree with the trial court that the lineup
    was not suggestive.'        Thus, we find no abuse of discretion in the admission of the
    identification in this case. Assignment of error number two is without merit.
    PATENT SENTENCING ERROR
    Pursuant to Louisiana Code of Criminal Procedure article 920, this court
    routinely conducts a review for error discoverable by mere inspection of the
    pleadings and proceedings and without inspection of the evidence. After a careful
    review of the record, we have found a sentencing error.                 La. Code Crim. P. art.
    920( 2).    Louisiana Revised Statute 14: 95. 1( B) mandates imposition of a fine of not
    less than $ 1, 000, nor more than $ 5, 000. The defendant' s sentence on count three
    does not include a fine.         As the sentence imposed on count three does not comply
    10
    with Section 14: 95. 1( B), it is illegally lenient.           However, since the error is not
    inherently prejudicial to the defendant, and neither the State nor the defendant has
    objected to or raised this sentencing issue on appeal, we decline to remand for the
    imposition of a fine.       See State v. Price, 2005- 2514 ( La. App. 1st Cir. 12/ 28/ 06),
    9 Moreover, there was no substantial likelihood of misidentification in this case.     Allen had a
    significant opportunity to view the perpetrator, as he closely approached him and then rode in the
    same vehicle with him until Allen jumped out of the car. Allen had a high degree of attention in
    this case as, although he was not very familiar with the area, he was able to describe to the police
    the number of gunshots fired and the location at which they were fired. He identified the
    defendant quickly, in less than twenty seconds, in the lineup two days after the incident and
    testified as to the identification with certainty. Considering the five factors of Neil v. Biggers
    and Manson v-. Brathwaite, we find that Allen' s identification of the defendant was reliable.
    10 We also note that when imposing the sentence on count three, the trial court did not state that
    the sentence would be served without the benefit of parole, as statutorily required. See La. R. S.
    14: 95. 1($). Nonetheless, as La. R. S. 15: 301. 1( A) provides, any applicable " without benefits"
    provision is self a
    - ctivating.   See State v. Williams, 2000- 1725 ( La. 11128101), 
    800 So. 2d 790
    ,
    799.
    11
    
    952 So. 2d 112
    , 124- 25 ( en banc), writ denied, 2007- 0130 ( La. 2122108), 
    976 So. 2d 1277
    .
    CONVICTIONS AND SENTENCES AFFIRMED.
    12
    

Document Info

Docket Number: 2023KA0115

Filed Date: 9/15/2023

Precedential Status: Precedential

Modified Date: 9/15/2023