from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 304, 871 Honorable Ramona L.
WARNER STROUD CARMOUCHE, L.L.C. By: Paul J. Carmouche Nichole
M. Buckle Counsel for Appellant.
E. STEWART, SR. District Attorney Counsel for Appellee.
JAN JOHNSON WILLIAM JACOB EDWARDS WILLIAM C. GASKINS
Assistant District Attorneys.
DREW, LOLLEY and STONE, JJ.
Breedlove was arrested in Barnes & Noble Booksellers on
two counts of video voyeurism, contrary to La. R.S. 14:283
A(1). A jury found him guilty by vote of 11-1 on each count.
He was sentenced to three years at hard labor, without
benefits, and a fine of $1, 000 on Count 1, concurrently with
two years at hard labor on Count 2. He now appeals, urging
insufficient evidence to convict, improper denial of his
motion to suppress evidence of prior bad acts, and excessive
sentence. For the reasons expressed, we affirm in part,
reverse and vacate in part, and remand for resentencing.
Robert Bolden testified: .
• in the spring of 2012, he was working as a loss
prevention officer at Old Navy in Shreveport, next door to
Barnes & Noble ("B&N");
• a few weeks before the B&N incident, he saw a man
loitering in the boys' section of the store;
• the man had a briefcase, possibly with a lens inside;
• the man approached some young women in school
• the man repeatedly waved his briefcase under their
• as he (Bolden) approached the females, the man left
• he guessed that the girls at Old Navy were between 13
• he was unable to confirm the exact nature of the
"lens" he saw;
• he then notified management and filed a report;
• his much later review of the Old Navy surveillance
video produced nothing of probative value for trial;
• he did not tell the prosecutors about his Old Navy
report until just before the instant trial;
• on March 19, 2012, he still worked at Old Navy;
• while on break, he entered B&N and saw the same
man, later identified as the defendant, loitering near some
other school-aged girls;
• the defendant was bent down between T.Y. and K.W. as
if to look at books on a lower shelf, but with his phone hand
at a level lower than the length of the girls' skirts;
• after walking away, the defendant returned a few
minutes later, at which point he paced back and forth between
T.Y. and K.W. while holding his phone "almost behind him
and to the side";
• after alerting the store manager, he called the
• while waiting for the police, the subject approached a
woman in running shorts, pointing his cell phone in her
• whether the cell phone was recording he didn't
• at trial, he identified John Matthew Breedlove as the
man he observed at Old Navy; and
• he didn't tell the police about the previous Old
Navy incident until right before the instant trial.
Officer Matthew Holloway testified:
• on March 19, 2012, he was working for the Shreveport
Police Department Officer, when he responded to the call in
• at the scene, he first spoke with Bolden, who
described what he had seen, pointing out the two girls in
• he and Bolden then saw the defendant squat on the
opposite side of an aisle of books where a young woman in
running shorts was seated, reading a book;
• the defendant was pointing a cell phone at the woman;
• he arrested the defendant, seizing the cell phone
which the defendant was trying to conceal in his pocket;
• he seized the phone, turned off the power, and placed
the defendant in his squad car;
• upon reentering B&N, he could not find the unnamed
woman in the running shorts.
• the defendant had his cell phone in his right hand,
with the screen facing his palm;
• he approached and custodially detained the man;
• the defendant's phone was an iPhone 3, with no
• he questioned the girls (T.Y. was 16, and K.W. was 17,
on that date); and
• they remembered seeing the defendant, but he never
made contact with them, and they never saw him using his
Jeff Allday testified that:
• he executed a search warrant for the defendant's
phone, which revealed no photographs or videos of K.W. or
T.Y., though it did yield information central to this
• he ran a Cellbrite program to extract data from the
phone, flagging material that he thought was pertinent to
these criminal charges;
• he then described four videos and one photograph,
which were admitted into evidence and displayed to the
• he explained that the program could not recover
anything that had been deleted; and
• from the images captured on the date of this incident,
he found no photos or videos of any particular person.
addition, each victim identified Breedlove as the man who
inappropriately lingered behind them at the bookstore. K.W.
further described him as standing behind them for 15-30
seconds,  and then "scurrying away" when
she turned to look at him.
ISSUES ON APPEAL
• the evidence is insufficient to prove a violation of
La. R.S. 14:283, in regard to T.Y. (Count One) and K.W (Count
• the "other crimes" evidence was improperly
• the sentence imposed is excessive.
ANALYSIS OF ISSUES ON APPEAL
legal analysis of general insufficiency claims is well
Analysis of La. R.S. ...