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State v. Robinson

Court of Appeals of Louisiana, First Circuit

November 20, 2019

State of Louisiana
v.
Jason L. Robinson

          Appealed from the Twenty-Second District Court In and for the Parish of St. Tammany • State of Louisiana Docket Number 573067 • Division "G" The Honorable Scott Gardner, Judge Presiding

          Jane L. Beebe Louisiana Appellate Project New Orleans, Louisiana ATTORNEY FOR APPELLANT DEFENDANT- Jason Robinson.

          Warren L. Montgomery District Attorney ATTORNEYS FOR APPELLEE The State of Louisiana.

          Butch Wilson Assistant District Attorney Covington, Louisiana.

          Before: McClendon, Welch, and Holdridge, JJ.

          WELCH, J.

         The State of Louisiana charged the defendant, Jason L. Robinson, by felony bill of information with one count of hit and run driving, when death or serious bodily injury is a direct result of the accident, a violation of La. R.S. 14:100(C)(2). He pled not guilty. Following a trial by jury, the jury found the defendant guilty of attempted hit and run driving, when death or serious bodily injury is a direct result of the accident, a violation of La. R.S. 14:27 and 14:100(C)(2). The trial court sentenced the defendant to five years at hard labor, but suspended the sentence and placed him on supervised probation for a period of three years, subject to certain special conditions. The defendant now appeals, challenging the sufficiency of the evidence. For the following reasons, we affirm the conviction and sentence.

         Statement of Facts

         On July 28, 2015, at approximately 5:45 a.m., the victim, Mario Granado, left his house in Mandeville to commute over the Causeway for his job. Because the weather was "beautiful," he chose to drive his motorcycle. Granado testified that he was struck from behind twice while he was on the Causeway in St. Tammany Parish. He testified that the motorcycle went out from under him, and he flipped over the back of the bike and landed on the Causeway, where his body began rolling, flipping, sliding, and skidding across the pavement. Granado stated he attempted to roll and flip his body into a position on the Causeway to avoid being run over by the other cars and an eighteen-wheeled tractor-trailer nearby him.

         Another driver, Michael Earls, saw the accident occur and noticed that a red Camaro had struck Granado and accelerated after the accident. Earls pursued the red Camaro and turned on his lights to signal the red Camaro to stop. The red Camaro then pulled over in front of Earls, stopped, and turned its hazard lights on. Earls called 911 to report the incident and that he had stopped the red Camaro on the side of the roadway.

         Corporal Tyrone Banks with the Causeway Police Department was stopped at mile marker 12.4 awaiting a red Camaro to reach that crossover, as witnesses had reported a red Camaro travelling at a high rate of speed and weaving in and out of traffic. After receiving a dispatch that someone had stopped the red Camaro, Corporal Banks drove to the scene and discovered the defendant and Earls stopped at mile marker 12.8.

         The rear end of Granado's motorcycle was damaged, with the exhaust pipe pushed out and the license plate "pushed in." Because the frame was bent and twisted, the motorcycle was totaled, and the damage indicated the bike had flipped end to end multiple times. Tire marks from the defendant's Camaro's left tire were found on the tailpipe of the motorcycle. The defendant's Camaro sustained "significant damage," primarily to its left front end.

         Ultimately, Granado sustained a number of injuries from the crash, including a broken left foot; a broken right ankle; a broken wrist; an injured shoulder blade; injuries to his lower back, including a herniated disc; and "road rash," a condition similar to second or third-degree burns, down his back. He underwent surgery ...


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