Appealed from the Fourth Judicial District Court for the
Parish of Morehouse, Louisiana Trial Court No. 2017-173F
Honorable Marcus Hunter, Judge.
LOUISIANA APPELLATE PROJECT By: Edward K. Bauman Counsel for
S. TEW District Attorney JOHN GATES SPIRES Assistant District
Attorney Counsel for Appellee
MOORE, GARRETT, and STONE, JJ.
second jury trial, the defendant, Antonio Loyd, was convicted
of first degree robbery in violation of La. R.S. 14:64.1. The
trial court sentenced Loyd to 25 years hard labor without
benefit of probation, parole, or suspension of sentence. For
the following reasons, we affirm the conviction and sentence.
Yates was working as a teller at Ouachita Independent Bank
("OIB") in Bastrop, Louisiana on December 14, 2016,
when the defendant entered the bank and approached her
station. He handed Ms. Yates a note which said his child had
cancer, he needed money, and this was a robbery. Yates
testified that, after reading the note, she looked up at him,
and "he let me know that he had a gun, and he would
shoot me if I did not get him the money." Although she
did not actually see a gun, Ms. Yates testified that the
defendant indicated he had a gun by reaching into his left
pocket. He told her not to press the panic button and
demanded large bills. He took the money and left the bank.
surveillance video captured the robbery. This video, lasting
1 minute and 13 seconds, was played for the jury. Ms. Yates
had a clear view of the defendant's face: He did not wear
a mask and only the width of a desk separated the defendant
from Ms. Yates. Ms. Yates identified the defendant in open
court as the person in the video who robbed her.
after the robbery, Captain Leondrio Reed of the Bastrop
Police Department interviewed Ms. Yates. He prepared a
photographic lineup, (State's Ex. S-1), but Ms. Yates was
too shaken over the incident to attempt an identification. A
week or so later, Captain Reed again met with Ms. Yates and
asked her to review the same photo lineup. (State's Ex.
S-2). Yates did not identify anyone in the lineup as the
February, 2017, Captain Reed received a crime stoppers tip
from April Trahan of Sulphur, Louisiana. April told Reed that
she was the sister of Ashley Blakeman, who was Antonio
Loyd's girlfriend. Reed traveled to Calcasieu Parish and
interviewed Ms. Blakeman. Based upon Blakeman's statement
to him, Captain Reed prepared a third photo lineup-this time
including a photo of Antonio Loyd (State's Ex. S-5). He
met with Ms. Yates, and she positively identified the
appellant as the robber.
on information Captain Reed obtained from Ms. Blakeman,
Bastrop Police Department Assistant Chief Anthony Evans went
to the Super 8 Motel in Monroe and obtained a motel receipt
in the name of Antonio Loyd for the night of December 13,
2016. (State's Ex. S-3). Captain Reed went to the Family
Dollar store where he was able to obtain surveillance video
footage showing Loyd purchasing a pair of pants on the
afternoon of the robbery. (State's Ex. S-7).
Reed testified, without objection, that he confirmed that a
person named Antonio Loyd checked into the Westlake Isle of
Capri, Lake Charles, Louisiana, on the night of December 14,
2016, and stayed two nights. This was after the robbery
occurred earlier in the day on December 14, 2016.
Blakeman, Loyd's former girlfriend, testified and
identified Loyd as the person with whom she traveled to
Bastrop in December, 2016. She said that she and Loyd spent
the night at the Super 8 Motel in Monroe on December 13,
2016. She reviewed the Super 8 Motel receipt, (State's
Ex. S-3), and confirmed that the signature on the receipt was
Loyd's. On December 14, 2016, they drove to Bastrop to
visit Loyd's brother. During the day, they left his
brother's house and went to Family Dollar store where
Loyd bought a pair of sweat pants. He put them on in the car.
They rode around a few minutes and then went to a bank. Loyd
told her to "lay her seat down." She asked him what
was going on and he told her not to worry about it.
Blakeman reviewed the bank video with the jury. She
identified Loyd in the video and said he was wearing the same
clothing he had on when he got out of the car and entered the
bank. She said Loyd returned to the car and drove away fast
to his brother's home in Bastrop where he pulled up on
the side of the house all the way towards the
back. After a while, she asked Loyd when they
were going to leave, and he said a little bit closer to dark.
When they left, they returned to Calcasieu Parish by a
different route from that which they traveled to Monroe the
night before. About halfway there, Loyd told her they were
going to the Isle of Capri. After they checked in, they went
to the room where Loyd pulled money from his sweater. She
said that it was thousands of dollars. He gave her several
reviewed a still frame photo from the bank robbery video and
identified Loyd. (State's Ex. 4). She stated she got a
photo off the Internet which led her to believe Loyd was
involved in the robbery. On cross examination, she was asked
how she came to get a photo of Loyd related to robbery. She
stated that after they arrived at the Isle of Capri, she put
two and two together. She typed in (on the computer) Bastrop
and the date and multiple things popped up (about the
robbery), including a picture of Loyd. When asked why she
just did not ask Loyd about it, she answered "I did ask
him, and he told me that it was none of my business, not to
worry about it." She actually asked him multiple times
and she got the same answer. After obtaining Loyd's
photograph from the Internet, Blakeman showed it to her
sister, April Trahan. Ms. Trahan later contacted Captain
cross-examination, Ms. Blakeman admitted that she was
pregnant when the defendant broke off their relationship to
go back to his wife. The baby was 10 and ½ months old
at the time of trial.
jury returned a verdict of guilty of first degree robbery.
The trial court ordered a presentence investigation and fixed
sentencing for July 19, 2018. Loyd was sentenced to serve 25
years at hard labor, without benefit of probation, parole or
suspension of sentence, and was advised of his rights
pertaining to post-conviction relief.
first assignment of error, Loyd claims that under the
standard of review established by Jackson v.
Virginia, 433 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560
(1979), the evidence adduced by the state at trial was
insufficient to support a conviction of first degree robbery.
Specifically, Loyd focuses on some variations in the
testimony of Whitney Yates, the bank teller who identified
Loyd as the robber. Additionally, he attacks the credibility
of the testimony from his former girlfriend, Ashley Blakeman.
Loyd contends that Blakeman's testimony is highly suspect
because he broke off his relationship with her to go back to
his wife even though she was pregnant with his child.
contends that Ms. Yates' identification of him is suspect
because she did not identify him as the robber in the first
two photo lineups, and it was not until the third photo
lineup that she identified him. He notes that she provided no
discernable features to police despite the fact that he has a
prosthetic leg. Although she told Captain Reed that he had a
gun, she actually never saw a gun, but concluded Loyd was
armed by the way he had his hands in the sweater he was
wearing and because he said he did not want to hurt anyone.
Loyd maintains that at trial her testimony varied from what
she had earlier told Capt. Reed because she testified that he
said he indicated he had a gun and did not want to shoot.
Finally, he argues ...