103 So. 3d 608
La. Ct. App.2012Background
- Defendant Glenn Brooks was convicted of simple robbery by a 10-2 jury verdict after an armed robbery trial.
- Victim Charcel Allen testified that Brooks attacked him, ripped off clothes, brandished a brick, and took Allen’s cell phone, keys, and $20.
- Police later identified Brooks as the assailant; Allen identified him in open court, and Adams corroborated a description of the assault.
- There was no physical evidence tying Brooks to the crime; Adams did not clearly identify Brooks; a dashboard recording showed only a partial view.
- Brooks pled guilty to a multiple bill alleging he is a fourth felony offender and was sentenced to 25 years without parole.
- On appeal, the court amended the sentence to remove the parole restriction, remanded for correction of the commitment, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient for simple robbery? | Brooks argues insufficiency due to lack of physical evidence and weak identification. | Brooks contends identifications were unreliable and testimony inconsistent. | Yes; substantial competent evidence supports the conviction. |
| Was the non-unanimous verdict error preserved and/ or constitutional? | Non-unanimous verdict complies with Louisiana law; Apodaca not overruled here. | Non-unanimous verdict violates Sixth/Fourteenth Amendments. | Issue rejected; Article 782 non-unanimous verdict upheld. |
| Were there errors patent requiring correction on the commitment and sentence? | Commitment and sentence properly against the record. | Parole prohibition and offender status misstate the record. | Correctable errors patent identified; parole restriction deleted and commitment corrected on remand. |
| Did the trial court properly advise on post-conviction relief? | Advisal was missing or incomplete. | No specific issue raised at trial; waiver applies. | Appellate court corrects advisal; informs defendant of post-conviction time limits. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard: any rational trier could find elements beyond reasonable doubt)
- State v. Carter, 75 So.3d 1 (La. App. 5th Cir. 2011) (upholds non-unanimous verdicts under state law)
- State v. Bertrand, 6 So.3d 738 (La. 2009) (affirms Article 782 constitutionality and non-unanimous verdict framework)
- State v. Henry, 966 So.2d 692 (La. 2007) (parole eligibility determined by DOC; not automatic parole prohibition)