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State v. Chester

Court of Appeals of Louisiana, Fifth Circuit

November 25, 2014

STATE OF LOUISIANA
v.
WAYNE E. CHESTER

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 12-149, DIVISION " D" . HONORABLE WALTER J. ROTHSCHILD, JUDGE PRO TEMPORE AND HONORABLE SCOTT U. SCHLEGEL, JUDGE PRESIDING.

CONVICTION AND SENTENCE AFFIRMED; REMANDED FOR CORRECTION OF COMMITMENT.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX, ANDREA F. LONG, KELLIE M. RISH, JOSHUA VANDERHOOFT, ASSISTANT DISTRICT ATTORNEYS, Twenty-Forth Judicial District, Parish of Jefferson, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

JANE L. BEEBE, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois and Stephen J. Windhorst.

OPINION

STEPHEN J. WINDHORST, J.

Page 1007

[14-540 La.App. 5 Cir. 2] Defendant, Wayne Chester, was convicted of simple kidnapping in violation of La. R.S. 14:45, and was sentenced to imprisonment at hard labor for five years. Subsequently, defendant stipulated to being a third felony offender.[1] Defendant's original sentence was vacated, and he was sentenced to imprisonment at hard labor for seven years, without benefit of probation, or suspension of sentence. For the reasons that follow, we affirm defendant's conviction and sentence and remand for correction of the commitment.

The victim, Melody Osin, testified that on October 14, 2011, defendant kidnapped her.[2] Defendant was her ex-boyfriend and the father of her five-year old son, W.O. Ms. Osin was visiting a friend with W.O., and while outside the friend's residence, she noticed defendant's van and she ran inside her friend's [14-540 La.App. 5 Cir. 3] house.[3] Defendant entered the house and pulled Ms. Osin outside by her hair. She was forced into the passenger side of the vehicle and W.O. entered the backseat. She dialed 9-1-1 on her cell phone so the operator could hear what was occurring in the vehicle.

Defendant drove to the home of W.O.'s babysitter, where he confronted the babysitter about Ms. Osin not properly caring for W.O. Defendant left the babysitter's residence with both Ms. Osin and W.O. in

Page 1008

the vehicle, drove down Airline Highway, and stopped at a traffic light. Ms. Osin noticed the car was unlocked and jumped out of the vehicle, leaving W.O. in the vehicle. She knocked on the car window of three females and requested that they take her to the nearest police station. The women brought Ms. Osin to the Kenner police station, where an officer instructed her that she must report the incident to the Jefferson Parish Sheriff's Office the incident occurred. She made a statement of the incident in the parking lot of a Popeye's Louisiana Kitchen with the Jefferson Parish Sheriff's Office.

Deputy Abraham Andino, an employee with the Jefferson Parish Sheriff's Office, testified that he was dispatched to a call for service at " Airline and Grove," at the parking lot of Popeye's Louisiana Kitchen, to meet with Ms. Osin. He testified Ms. Osin relayed to him that " her exboyfriend had pushed her into a car and wouldn't let her get out that vehicle," and that he took a voluntary statement from Ms. Osin regarding the incident. Deputy Andino testified Ms. Osin also advised him that defendant had " slapped her around a couple of times in the face area." Deputy Andino took a photograph of her face. He testified that " Ms. Osin further informed him that she was able to get out of the vehicle, jump into another [14-540 La.App. 5 Cir. 4] vehicle and ask that person to bring them to a Police Station." Deputy Andino testified that after speaking with Ms. Osin, she advised him that W.O. was back at the babysitter's house.[4] Deputy Andino and Ms. Osin drove to the babysitter's house to ensure W.O. was safe.

Detective Donald Zanotelli of Jefferson Parish Sheriff's Office Homicide Division testified he was assigned to the Personal Violence Unit on the day of the kidnapping, and he handled the follow-up investigation involving defendant and the kidnapping of Ms. Osin. Detective Zanotelli testified Ms. Osin informed him of the circumstances of the kidnapping, and as a result he obtained an arrest warrant for defendant for the crimes of domestic abuse battery and kidnapping. He further testified to receiving a call from another deputy, who ...


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