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State v. Victor

Court of Appeal of Louisiana, Fifth Circuit

December 23, 2014

STATE OF LOUISIANA
v.
TONYA VICTOR

Page 119

ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA. NO. 12, 249, DIVISION " B" . HONORABLE MARY H. BECNEL, JUDGE PRESIDING.

AFFIRMED.

THOMAS F. DALEY, DISTRICT ATTORNEY, Fortieth Judicial District, Parish of St. John the Baptist, J. PHILIP PRESCOTT, JR., ASSISTANT DISTRICT ATTORNEY, LaPlace, 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, Marc E. Johnson, and Robert M. Murphy.

OPINION

MARC E. JOHNSON

Page 120

[13-888 La.App. 5 Cir. 2] Defendant, Tonya Victor, appeals her competency to proceed to trial and her conviction for out-of-state bail jumping from the 40th Judicial District Court, Division " B" . For the following reasons, we affirm the conviction and sentence.

FACTS AND PROCEDURAL HISTORY

Defendant and her husband, Errol Victor, Sr., were charged with second degree murder and were released on bond. Lieutenant Kenneth Mitchell of the St. John the Baptist Sheriff's Office testified that he was scheduled to testify in a proceeding involving Defendant and her husband, on August 15, 2011, but that they failed to appear. A bench warrant was issued for their arrest, and Lieutenant Gordon Jeffcoat and Lieutenant Keith Brooks were sent to Defendant's residence. While there, the officers met with Defendant's son, Marcus Victor, who advised them that his parents were scheduled to be in court that morning. The officers were permitted to enter the residence at which time it was discovered that Defendant's cellular phone was no longer in service. Marcus Victor informed the [13-888 La.App. 5 Cir. 3] officers that his parents had been staying at the Best Western Hotel in LaPlace, Louisiana. The officers relocated to the Best Western, where a hotel clerk informed them that Defendant had last stayed at the hotel in May of 2011.

The following day, August 16, 2011, Defendant and her husband were again ordered to be present in court but failed to appear. Based on their failure to appear, a warrant for their arrest on charges of bail jumping was issued. With the assistance of the United States Marshals and the Attorney General's Office of Fugitive Apprehension, Defendant and her husband were later apprehended in the State of Georgia.

Detective Christine Chauvin, also of the St. John Sheriff's Office, testified that she was alerted that Defendant was located in Tift County, Georgia and had been ...


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