State Of Louisiana v. Charlotte Chandler Sims ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2019 KA 1602
64J
OMC STATE OF LOUISIANA
VERSUS
CHARLOTTE CHANDLER SIMS
Judgment Rendered:
SEP 0 2 2020
On Appeal from the Twenty -First Judicial District Court
In and for the Parish of Livingston
State of Louisiana
Docket No. 37127
Honorable William Burris, Pro Tempore, Judge Presiding
Scott Perrilloux Counsel for Appellant
District Attorney State of Louisiana
Scott Sommer
Patricia Dale Parker Amos
Serena Birch
Assistant District Attorney
Livingston, Louisiana
Jay Michael Futrell Counsel for Defendant/ Appellee
Stephen M. Stafford Charlotte Chandler Sims
Office of the Public Defender
Livingston, Louisiana
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
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MCCLENDON, J.
The defendant, Charlotte Chandler Sims, was charged by bill of information with
theft when the misappropriation or taking amounts to a value of one thousand dollars
or more, but less than a value of five thousand dollars, a violation of LSA- R. S.
14: 67( B)( 3). She pled not guilty. The trial court later granted the defendant' s oral
motion to quash based on the defendant' s argument that the matter is civil in nature.
The State now appeals, assigning error to the trial court's ruling on the oral motion to
quash. For the following reasons, we reverse the trial court's ruling and remand for
further proceedings.
STATEMENT OF FACTS
As the trial court granted the defendant's motion to quash, the facts were not
developed in this case. The bill of information alleges that on or about January 10,
2018, the defendant committed theft of property having a value of more than one
thousand dollars, but less than five thousand dollars, from Melvin Roe. According to
police report narratives and the affidavit executed to obtain a warrant for the
defendant's arrest, Deputy Blaine Chacon of the Livingston Parish Sheriff's Office
LPSO) was dispatched to 36607 Fore Road in Denham Springs in reference to a theft
complaint on January 10, 2018. Deputy Chacon spoke with the complainant, Margaret
Latil, and the victim, Mr. Roe. On March 13, 2018, Detective Tim Ard of the LPSO also
spoke with Ms. Latil and Mr. Roe. In sum, Ms. Latil advised that prior to the death of
her father, Clyde Sims, Mr. Roe loaned his tractor and golf cart to Mr. Sims. Ms. Latil
further advised that after Mr. Sims' death, his wife, Charlotte Sims, defendant herein,
stole the tractor and the golf cart from the residence located at 36607 Fore Road.
Specifically, according to Ms. Latil, after the defendant was evicted from the residence
on Fore Road, she and an unidentified male loaded the tractor and the golf cart onto a
trailer being pulled by a pickup truck and left the residence. Ms. Latil and Mr. Roe
advised that the property still belonged to Mr. Roe, Mr. Sims never purchased the items
from Mr. Roe, and the items were not gifted to Mr. Sims.
After speaking with Mr. Roe and Ms. Latil, Detective Ard obtained a warrant for
the defendant's arrest. On March 22, 2018, Detective Ard located the defendant in
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Denham Springs, informed her that he had a warrant for her arrest, and advised her of
her Miranda' rights. Detective Ard advised the defendant that the warrant was for the
theft of Mr. Roe' s golf cart and tractor. The defendant claimed that the items belonged
to her deceased husband, that neither of the items worked, and that they were at her
son' s residence for which she provided the road name only. The defendant also
claimed that Ms. Latil and Mr. Roe were lying in an effort to have her arrested. After
the defendant's arrest, Detective Ard went to the road indicated by the defendant, but
was unable to locate her son' s residence.
MOTION TO QUASH
In a combined argument addressing two assignments of error, the State argues
that the trial court, in granting the defendant's oral motion to quash, violated LSA-
C. Cr. P. art. 536 and improperly made a determination of fact. The State notes that
Article 536 mandates that a motion to quash be in writing. The State, therefore,
argues that an oral motion to quash cannot be considered. Citing State v. Daquin,
2015- 0160 ( La. App. 1 Cir. 11/ 9/ 15), 184 So. 3d 724, the State further contends that a
determination of fact is improper on a motion to quash. The State argues that
classification of this case as civil as opposed to criminal in nature constitutes a
determination of fact, not law. The State reiterates that a motion to quash is not the
proper remedy to resolve disputed facts. Thus, the State contends that the trial court
committed reversible error in granting the motion to quash. The defendant filed a reply
brief wherein she argues, "[ s] ince the State did not contemporaneously object to the
defendant' s motion to quash, any subsequent objection by the State was effectively
waived."
The motion to quash is essentially a mechanism by which to raise pre- trial pleas
or defenses, i. e., those matters which do not go to the merits of the charge. State v.
Brooks, 2012- 2126 ( La. App. 1 Cir. 9/ 13/ 13), 2013 WL 11253304, at * 1, ( unpublished);
see LSA- C. Cr. P. arts. 531- 34. The general grounds upon which a motion to quash may
be based are set forth in LSA- C. Cr. P. art. 532. Brooks, 2013 WL 11253304 at * 1.
These grounds, which are illustrative rather than exclusive, include the fact that "[ t] he
1 Miranda v. Arizona, 384 U. S. 436, 444, 86 S. Ct. 1602, 1612, 16 L. Ed. 2d 694 ( 1966).
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indictment fails to charge an offense which is punishable under a valid statute." LSA-
C. Cr. P. art. 532( 1); Brooks, 2013 WL 11253304, at * 1. Because the complementary
role of trial courts and appellate courts demands that deference be given to a trial
court's discretionary decision, an appellate court is allowed to reverse a trial court
judgment on a motion to quash only if that finding represents an abuse of the trial
court' s discretion. State v. Love, 2000- 3347 ( La. 5/ 23/ 03), 847 So. 2d 1198, 1206.
However, a trial court' s legal findings are subject to a de novo standard of review. See
State v. Smith, 1999- 0606 ( La. 7/ 6/ 00), 766 So. 2d 501, 504.
Moreover, at a hearing on a motion to quash, evidence is limited to procedural
matters and the question of factual guilt or innocence is not before the court. See LSA-
C. Cr. P. art. 531, et seq.; State v. Rembert, 312 So. 2d 282, 284 ( La. 1975); Brooks,
2013 WL 11253304, at * 2. In considering a motion to quash, a court must accept as
true the facts contained in the bill of information and in the bill of particulars, and
determine as a matter of law and from the face of the pleadings, whether a crime has
been charged; while evidence may be adduced, such may not include a defense on the
merits. State v. Gerstenberger, 260 La. 145, 150, 255 So. 2d 720, 722 ( 1971);
State v. Gordon, 2004- 0633 ( La. App. 1 Cir. 10/ 29/ 04), 896 So. 2d 1053, 1062, writ
denied, 2004- 3144 ( La. 4/ 1/ 05), 897 So. 2d 600. The question, then, is whether the
indictment charges a valid offense. If it does not, it is a defective indictment and its
invalidity may be declared by a ruling on a motion to quash, for a motion to quash may
be based on the ground that the indictment fails to charge an offense that is
punishable under a valid statute. State v. Byrd, 1996- 2302 ( La. 3/ 13/ 98), 708 So. 2d
401, 411, cert. denied, 525 U. S. 876, 119 S. Ct. 179, 142 L. Ed. 2d 146 ( 1998); Brooks,
2013 WL 11253304, at * 2.
Pursuant to LSA- C. Cr. P. art. 536, a motion to quash shall be in writing, signed by
the defendant or the defendant's attorney, and filed in open court or in the office of the
clerk of court. Further, it shall specify distinctly the grounds on which it is based. Since
an oral motion to quash does not comply with the provisions of Article 536, it cannot be
considered. State v. Jarrell, 2007- 0412 ( La. App. 1 Cir. 9/ 19/ 07), 2007 WL 2726718,
at * 14, ( unpublished), writ denied, 2007- 2065 ( La. 3/ 7/ 08), 977 So. 2d 897; State v.
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Howell, 525 So. 2d 283, 284 ( La. App. 1 Cir. 1988); State v. Dixon, 2010- 1279
La. App. 4 Cir. 5/ 2/ 11), 64 So. 3d 852, 854.
In Dixon, the defendant therein was charged with unauthorized use of a
movable, a violation of LSA- R. S. 14: 68. During a hearing, it became apparent to the
trial court that the victim was the defendant' s wife. The trial court concluded that the
movable in question, an automobile, was community property. The trial court quashed
the bill of information, and the State appealed. On appeal, the defendant argued that
the matter was just a squabble between a married couple and not a criminal matter.
The defendant further argued that the State had not referred to any facts tending to
prove the automobile was the victim' s separate property. The appellate court noted its
assumption that the State would not knowingly pursue a meritless prosecution.
Furthermore, without a written motion to quash being presented to the trial court, the
appellate court found that the trial court erred by quashing the bill of information and
vacated the trial court's ruling. Dixon, 64 So. 3d at 854.
In the instant case, the State is correct that the record contains no written
motion to quash, as the bill of information was quashed upon oral motion by the
defendant. Specifically, at a pretrial conference, the defense attorney stated, " Your
Honor, based on in chambers conference, I would move for an oral motion to quash
this matter as it is civil in nature." Upon the trial court' s request for a response, the
State noted the following, " The State argues that it was a theft and that the issue of
ownership should be left to the trier of fact." The trial court, in turn, responded, " So
note your objection, however, the motion to quash is granted." ( R. 60).
Failure to comply with the statutory requirement that a motion to quash be in
writing normally results in a waiver of the rights sought to be asserted in the motion
and the loss of an opportunity to have such arguments considered by the trial court.
City of Baton Rouge v. Schmieder, 582 So. 2d 1266, 1272 ( La. 1991). 2 However, as
2 In Schmieder, the City of Baton Rouge (" City") appealed a trial court ruling granting the defendant's
oral motion to quash. On appeal, the defendant argued, in part, that the City' s appeal should be
dismissed because the City did not object to the trial court's ruling. The Louisiana Supreme Court
disagreed, noting that an objection need not be raised by incantation to be preserved, as under LSA-
C. Cr. P. art. 841( A) "[ i] t is sufficient that a party, at the time the ruling or order of the court is made or
sought, makes known to the court the action which he desires the court to take, or of his objections to the
action of the court, and the grounds therefor." Thus, the Supreme Court found that the City had
preserved the right to appeal by arguing against the grant of the oral motion to quash. Schmieder, 582
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the defendant correctly points out, the State did not object on the grounds of a lack of
a written motion. To preserve the right to seek appellate review, a party must state an
objection contemporaneously with the occurrence of the alleged error as well as the
grounds for that objection. See LSA- C. Cr. P. art. 841( A); State v. Bedwell, 2018- 0135
La. App. 1 Cir. 6/ 21/ 18), 2018 WL 3080356 at * 4, ( unpublished), writ denied, 2018-
1247 ( La. 1/ 18/ 19), 262 So. 3d 288. A new basis for objection cannot be raised for the
first time on appeal. State v. Duhon, 2018- 0593 ( La. App. 1 Cir. 12/ 28/ 18), 270 So. 3d
597, 631, writ denied, 2019- 0124 ( La. 5/ 28/ 19), 273 So. 3d 315. Accordingly, in this
case, the State appears to have waived any right it may have had to complain about
lack of compliance with the statutory requirement that the motion be written. See
State v. Forrest, 2006- 1334 ( La. App. 1 Cir. 3/ 23/ 07), 2007 WL 866222 at * 3 n. 2,
unpublished).
However, the State made it known that it believed the oral motion to quash
should be denied on grounds other than the lack of statutory compliance. Specifically,
the State contended that the issue of ownership of the tractor and golf cart should be
left to the trier of fact, because matters that go to the merits of the charge are not
properly considered on a motion to quash. In Rembert, the defendant was charged
with aggravated battery, which is a battery committed with a dangerous weapon.
unpublished); See LSA- R. S. 14: 34. During a preliminary hearing, the trial court held
that there was no probable cause to charge the defendant and ordered that he be
released from bail. Rembert, 312 So. 2d at 283 n. 1. In addition, the trial court
quashed the bill of information, finding that " the aerosol container of mace spray used
in the battery was not a ' dangerous weapon' within the meaning of the statute defining
the crime charged." ( unpublished) The Louisiana Supreme Court reversed the trial
court's judgment, holding that "[ t] he question of whether an instrumentality, as used in
a crime, is in fact a dangerous weapon is ordinarily a question for determination at the
So. 2d at 1270. The Supreme Court noted that there have been exceptions to the strict rule that a
motion to quash be in writing in cases where a trial court allows an oral motion to quash in the interests
of fairness, and concluded that the trial court " apparently acted within its discretion in excusing
defendant' s failure to file a written motion to quash, where defendant appeared without counsel."
However, as the Supreme Court had already found that the trial court erred in granting the motion to
quash on other grounds, the argument as to whether the trial court correctly entertained the oral motion
had been rendered moot. Schmieder, 582 So. 2d at 1272.
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trial on the merits, not at a motion to quash." Rembert, 312 So. 2d at 284. The
Supreme Court further noted that a factual defense to the merits was at issue and that
the trial court erred in sustaining the motion to quash on the basis of the factual
evidence. Rembert, 312 So. 2d at 284.
Herein, the bill of information alleges that the defendant " committed theft of
property having a value of more than one thousand dollars but less than five thousand
dollars from Melvin B. Roe." Based on the record before us, the defendant used the
oral motion to quash to assert her factual innocence of the charge and thereby failed to
assert any valid grounds for the motion. See LSA- C. Cr. P. arts. 532 and 534. Such
arguments can only be resolved by the factfinder at trial. Accordingly, we find merit in
the State' s appeal. The trial court's ruling granting the motion to quash is hereby
reversed, and this matter is remanded for further proceedings.
CONCLUSION
TRIAL COURT' S RULING GRANTING THE DEFENDANT' S MOTION TO QUASH
REVERSED; REMAND FOR FURTHER PROCEEDINGS.
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STATE OF LOUISIANA STATE OF LOUISIANA
VERSUS COURT OF APPEAL
CHARLOTTE CHANDLER FIRST CIRCUIT
SIMS
NO. 2019 KA 1602
HOLDRIDGE, J., dissenting.
I respectfully dissent. A trial court' s ruling on a motion to quash is a
discretionary one, which should not be disturbed absent a clear abuse of discretion.
See State v. Leonard, 2018- 0142 ( La. App. 4 Cir. 12/ 26/ 18), 262 So. 3d 378, 392,
writ denied, 2019- 0209 ( La. 4/ 15/ 19), 267 So. 3d 1124; State v. Jones, 2012- 0565,
La. App. 4 Cir. 4/ 24/ 13), 115 So. 3d 643, 647. In this case, the bill of information
fails to charge a crime. The bill of information states, Charlotte Chandler Sims, on
or about January 10, 2018, committed theft of property, having a value of more
than one thousand dollars but less than five thousand dollars from Melvin B. Roe.
Louisiana Revised Statutes 14: 67( A) provides that "[ t] heft is the
misappropriation or taking of anything of value which belongs to another ...." In
this case, the bill of information does not state that the property belonged to Melvin
B. Roe. From the evidence introduced at the motion to quash, it is clear that the
trial court did not find that the property which was the subject of the alleged theft
belonged to Melvin B. Roe. The trial court did not abuse its discretion in quashing
the bill of information since the bill did not state the elements of a crime since it
did not allege that the property taken belonged to Melvin B. Roe. Since the State
did not object to the oral motion to quash, the trial court was correct in quashing
the bill of information.