State v. Green, 84 So. 3d 573

Defendants Green and Hawthorne were charged by information with armed robbery of Johan Agurcia.
Defendants pleaded not guilty; motions to suppress identifications and evidence were denied.
Jury found both defendants guilty as charged after a two-day trial (August 24, 2009).
Green was sentenced to 50 years at hard labor; Hawthorne received a 50-year sentence at hard labor, both without probation or suspension.
Appeals followed challenging verdict form, identification procedures, closing arguments, and sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the verdict forms were correct in form and signed.	Green argues patent error; Hawthorne joins.	Veredit forms lacked foreman signatures and precise offense labeling.	Harmless patent error; verdicts conveyed intent and complied with Article 810.
Whether the trial court abused in admitting or suppressing identification evidence.	State-initiated identification admissible; proper identification procedures.	Defense contends identification was impermissibly suggestive.	No reversible error; identification, viewed under Manson factors, was reliable.
Whether closing arguments were improperly prejudicial, violating Article 774 and 770.	State's rhetoric permissible; used tactical closing.	Comments improperly appealed to prejudice and race.	No reversible error; arguments did not influence verdict beyond permissible bounds.
Whether Green’s sentence is constitutionally excessive and Hawthorne’s appeal fails on ineffective assistance grounds.	State asserts sentences within statutory range and justified.	Argues excessiveness and counsel ineffectiveness for failure to object/move.	No excessiveness; sentences within precedent; no ineffective assistance shown.
Whether Hawthorne’s 24-hour sentencing delay requirement was satisfied.	Delay properly waived by counsel's readiness for sentencing.	Delay not preserved; requirement violated.	Implicit waiver found; no error in sentencing.

State v. Robert, 518 So.2d 1169 (La.App. 5 Cir. 1988) (patent errors review includes the verdict)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (verdict forms; review for patent errors)
State v. Stovall, 977 So.2d 1074 (La.App. 4 Cir. 2008) (identification suppression deference to trial court)
State v. Carter, 779 So.2d 125 (La.App. 4 Cir. 2001) (no error in denial of suppression for one-on-one identifications)
State v. Thomas, 719 So.2d 49 (La. 1998) (armed robbery sentences within acceptable range)
State v. Wilson, 452 So.2d 773 (La.App. 4 Cir. 1984) (racial remarks and mistrial considerations in closing)
State v. Robichaux, 788 So.2d 458 (La.App. 4 Cir. 2001) (implicit waiver of waiting period for sentencing)
State v. Brown, 36 So.3d 974 (La.App. 4 Cir. 2010) (review of suppression rulings on appeal)
State v. Ballett, 756 So.2d 587 (La.App. 4 Cir. 2000) (standard for suggestive identification)