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State v. Mays

Court of Appeals of Louisiana, Second Circuit

November 3, 2017

STATE OF LOUISIANA Appellee
v.
CHARLES MAYS, JR. Appellant

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 334, 569 Honorable Ramona L. Emanuel, Judge.

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

          JAMES E. STEWART, SR District Attorney, Counsel for Appellee.

          REBECCA A. EDWARDS J. AARON CRAWFORD WILLIAM C. GASKINS Assistant District Attorneys.

          Before BROWN, DREW, and COX, JJ.

          DREW, J.

         Charles Mays, Jr., was charged with armed robbery, La. R.S. 14:64. After a jury found him guilty as charged, he filed a motion for post-verdict judgment of acquittal, which was denied.

         The defendant was adjudicated a second-felony habitual offender and sentenced to the minimum legal sentence, 49½ years at hard labor without benefits, to be served concurrently with any other sentence.

         No motion to reconsider sentence was filed. Mays appeals on his perceived issues of sufficiency and excessiveness. We affirm in all respects.

         FACTS

         The charged crime was the armed robbery of Clay Edward Fuller and Kayla Goodman on April 25, 2015. At trial, the state called five witnesses. 1. Clay Edward Fuller, one of the victims, testified:

• in April of 2015, he was a clerk at a Shreveport Circle-K store;
• on the date in question, he was working the cash register while Goodman stocked the cigarette shelf;
• a tall, middle-aged African-American man approached him, asking for cigarettes;
• the subject was wearing a brown shirt, a hat, and faded blue jeans;
• when asked for identification, the man demanded "everything out from under that counter, " which Fuller initially interpreted as meaning he would buy everything under the counter;
• he was disabused of that notion when the man put a gun to Fuller's neck;
• he did not know the robber;
• when he opened the cash register drawer and stepped back, the robber took all the cash and left the store;
• since this was his first robbery, he called his manager, who told him to immediately call the police;
• he spoke to several officers and an investigator;
• he saw the officers dusting for fingerprints;
• he worked at that store for about 3½ months after the robbery, and the robber did not return during that time frame;
• he was later contacted by Detective Richard Turnpin, who showed him a photo lineup of six people, from which he could not identify the robber;
• he never saw the gun because it was wrapped in a bandana;
• he knew it was a gun when it touched his neck; and
• the robber was not wearing a mask during the incident. 2. Kayla Goodman, Fuller's coworker, testified:
• she had been working at the Circle-K for three months prior to the robbery;
• she was cleaning and stocking the cigarette shelf behind the checkout counter when the robber entered the store at about 4:00 p.m.;
• the man walked around the store and approached the counter;
• when she asked him if he needed help, he silently walked away;
• he queued up in the checkout line behind two customers;
• he was a tall and heavyset African-American;
• she heard him tell Fuller to open the ...

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