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State v. Harvey

Court of Appeals of Louisiana, Second Circuit

May 2, 2017

STATE OF LOUISIANA Appellee
v.
CEDRIC LYNN HARVEY Appellant

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Lower Court Case No. 321, 385 Honorable Brady D. O'Callaghan, Judge

          LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel for Appellant

          CEDRIC LYNN HARVEY JAMES E. STEWART, SR. District Attorney, Counsel for Appellee

          REBECCA ARMAND EDWARDS MEKISHA SMITH CREAL Assistant District Attorneys

          Before DREW, LOLLEY, and PITMAN, JJ.

          DREW, J.

         Cedric Lynn Harvey was convicted of simple burglary, in violation of La. R.S. 14:62. He was sentenced to 16 years at hard labor as a third-felony habitual offender. We affirm the conviction. We amend the sentence to require that it be served without benefit of probation or suspension of sentence, as per statute.

         FACTS

         Shreveport Police Officer Tina Howes testified:

• she responded to a call from John Pickens Clothiers ("the store") in the early morning hours of January 14, 2014;
• she noticed a broken window on the southeast corner of the building;
• she found a loose brick inside the building;
• backup arrived and the store was searched;
• no one was found inside the building at that time;
• she took photographs at the scene; and
• she had no other involvement in the case.

         John Pickens ("Pickens"), the store owner, testified:

• he received a phone call from his security company alerting him that the alarm and motion detector had been activated at the store;
• he immediately went to the store and found the broken window;
• Shreveport police officers were already there;
• missing were a leather briefcase, several pairs of blue jeans, and other sportswear, all valued at $5, 000, including the damages to the store;
• he had never met the defendant; and
• the store had operable video cameras, and he gave the tapes to the police.

         Shreveport Police Officer Robert Cerami testified:

• earlier on the night of January 13, 2014, he responded to a "suspicious persons" call at the intersection of Thornhill Avenue and Abilene Street;
• he spoke with Cedric Harvey and a black female;
• he verified the man's identity using a statewide database, which yielded a photograph of the individual, and which showed no outstanding warrants;
• he briefly detained the two subjects and then released them;
• he later received a call regarding the alarm at the ...

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