from the Fourth Judicial District Court for the Parish of
Morehouse, Louisiana Lower Court Case No. 2013-1109F
Honorable Larry Donell Jefferson, Judge
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
S. TEW District Attorney JOHN GATES SPIRES Assistant District
Attorney Counsel for Appellee.
WILLIAMS, DREW, and STONE, JJ.
trial, Katrina Grimble was convicted of first degree robbery.
La. R.S. 14:64.1. She was sentenced to 15 years at hard
labor, but without denial of benefits. The state filed a
bill, charging her as a second-felony habitual offender. She
was adjudicated as such and sentenced to 20 years at hard
labor, again without noting the denial of certain benefits.
appeals, claiming insufficiency of evidence and a flawed
adjudication. She is partially correct. We affirm the
conviction. We vacate the habitual offender adjudication and
enhanced sentence, and remand.
morning of November 20, 2013, Betty Jones, a teller at
Bastrop's Richland State Bank, was robbed. She testified:
• at about 9:20 a.m., the second customer of the day
approached her teller window and slid an envelope to her, on
which was written a note instructing Jones to "put the
money in the envelope";
• she tried to turn off her computer screen, but stopped
when the robber made a gesture toward a pants pocket;
• she assumed the robber was reaching for a weapon;
• she put $3, 000.00 in the envelope and gave it to the
robber, who left;
• she identified photographs from the bank's
• she told a bank officer, Dewey Jones, that she had
• she could not initially determine the robber's
gender, and at first believed the person was a male, based
upon the clothing worn; and
• she gave the officers a description of the
robber's clothing, including a dark colored
"toboggan cap" and a dark plaid jacket.
Williams, another bank employee, testified:
• she was working in her office across the lobby from
Jones' teller window on the morning of the robbery;
• she observed the robber, whom she did not recognize as
a regular customer, enter the bank and approach the teller;
• she noted that the transaction was taking longer than
normal, so she stood up to check out the situation;
• she went to the teller as the person left, making eye
contact with her;
• she initially assumed the robber was a male;
• the robber wore a knit hat, plaid hoodie, and pants,
• the robber's clothing was loose and baggy; and
• she identified, at trial, the defendant as the robber.
Jones, a bank vice-president, testified:
• he saw the robber enter and leave the bank;
• he identified a photo of the robber entering ...