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State v. Thomas

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

STATE OF LOUISIANA
v.
ISAAC THOMAS

APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE, NO. 95656FB. HONORABLE THOMAS F. FUSELIER, DISTRICT JUDGE.

Edward Kelly Bauman, Louisiana Appellate Project, Lake Charles, LA, COUNSEL FOR DEFENDANT-APPELLANT: Isaac Thomas.

Hon. Trent Brignac, District Attorney, Thirteenth Judicial District Court, J. Gregory Vidrine, Assistant District Attorney, Ville Platte, LA, COUNSEL FOR APPELLEE: State of Louisiana.

Court composed of Sylvia R. Cooks, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

OPINION

Page 1116

[14-820 La.App. 3 Cir. 1] PICKETT, Judge.

FACTS

Carl Jack was the manager of Anger No. 2, a convenience store in Evangeline Parish. He and his wife, Karriel Alfred, were working in the store on February 13, 2013, when, at approximately 8:30 p.m., three men came into the store demanding money from the cash register. One of the men wore a white hockey-type mask and had a handgun. He said that the man with the gun took him into the back room and threatened to shoot him in the leg if he did not get on the floor. However, Ms. Alfred could not get the cash register drawer open, so Mr. Jack was returned to the store area to open the register. Mr. Jack testified that Ms. Alfred had panicked and crawled underneath the counter on which the cash register sat. The man with the gun stood behind him and demanded he open the register. When Mr. Jack could not get the register opened either, one of the other two men grabbed the register and fled the store. The armed man fired the gun, missing Ms. Alfred by approximately eighteen inches and Mr. Jack by about six to eight inches.

On May 6, 2013, the defendant, Isaac Thomas, was charged by a bill of information with two counts of attempted first degree murder, violations of La.R.S. 14:27 and 14:30, and one count of armed robbery,

Page 1117

a violation of La.R.S. 14:64. On September 9, 2013, the bill of information was amended to add a charge of possession of a firearm by a convicted felon, a violation of La.R.S. 14:95.1. A jury trial commenced on September 30, 2013. On October 3, 2013, the jury returned a verdict of guilty of armed robbery, attempted manslaughter, violations of La.R.S. 14:27 and 14:31, and possession of a firearm by a convicted felon.[1] The defendant [14-820 La.App. 3 Cir. 2] filed a " Motion to Arrest Judgment." A hearing was held on April 3, 2014, following which the trial court denied the motion.

The defendant was sentenced on May 1, 2014, to forty years on the conviction for armed robbery, to be served without the benefit of parole, probation, or suspension of sentence; ten years on the conviction for possession of a firearm by a convicted felon, to be served without the benefit of parole, probation, or suspension of sentence; and consecutively with the forty-year sentence, and to ten years on the conviction for attempted manslaughter, to be served concurrently with the above sentences, for a total of fifty years imprisonment.

The defendant has perfected a timely appeal, wherein he alleges that the convictions for armed robbery and attempted manslaughter constitute double jeopardy and that there was insufficient evidence to find defendant guilty of attempted manslaughter.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this court for errors patent on the face of the record. After reviewing the record, we find no errors patent.

ASSIGNMENTS OF ERROR

The defendant asserts two assignments of error:

1. Isaac Thomas' convictions for armed robbery and attempted manslaughter constitute double jeopardy.
2. The trial court erred in finding Isaac Thomas guilty of ...

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