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State v. Grimble

Court of Appeals of Louisiana, Second Circuit

July 5, 2017

STATE OF LOUISIANA Appellee
v.
KATRINA GRIMBLE Appellant

         Appealed 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 Appellant.

          ROBERT S. TEW District Attorney JOHN GATES SPIRES Assistant District Attorney Counsel for Appellee.

          Before WILLIAMS, DREW, and STONE, JJ.

          DREW, J.

         At jury 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.

         Grimble 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.

         FACTS

         On the 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 security video;
• she told a bank officer, Dewey Jones, that she had been robbed;
• 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.

         Erin 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, all dark;
• the robber's clothing was loose and baggy; and
• she identified, at trial, the defendant as the robber.

         Dewey Jones, a bank vice-president, testified:

• he saw the robber enter and leave the bank;
• he identified a photo of the robber entering ...

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