State v. Long
81 So. 3d 875
La. Ct. App.2011Background
- Defendant Michael Long appeals his armed robbery conviction and sentence after a jury trial.
- The offense occurred October 31, 2010 at the Triangle West Bar in River Ridge, LA; Long and Darius robbed the bar and fled with $16,728.
- Witnesses Rebecca Gavin and Eric Hymel identified Long as one of the robbers; surveillance and other evidence supported the event.
- Detectives recovered weapons, cash, and other items from Darius’s home; Darius identified Long as a co-perpetrator.
- Long was convicted and initially sentenced to 99 years; a multiple-offender bill later adjudicated him a third felony offender and resentenced him under La. R.S. 15:529.1.
- The initial 99-year sentence for armed robbery with a firearm did not separately state the five-year firearm enhancement, creating an indeterminate habitual offender sentence; the court remanded for resentencing and vacated the indeterminate sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identity evidence | Long argues identity was not proven beyond reasonable doubt | State contends two eyewitness identifications suffice despite camera gaps | Identity proven beyond reasonable doubt; sufficient evidence |
| Excessiveness of habitual offender sentence | Long contends the 99-year sentence is excessive | State seeks upholding under habitual offender statute | Vacated as indeterminate; remanded for proper resentencing with firearm enhancement |
| Error patent and harmless error issues in sentencing | Challenge to incorrect articulation of firearm enhancement and advisement rights | State bears burden; harmless error for no right to remain silent admitted | Original error moot post-resentencing; failure to advise rights deemed harmless in context of established status |
Key Cases Cited
- State v. Casey, 775 So.2d 1022 (La. 2000) (standard for sufficiency review; elements proven beyond reasonable doubt)
- State v. Harris, 968 So.2d 187 (La. App. 5th Cir. 2007) (identity and misidentification considerations in sufficiency review)
- State v. Williams, 833 So.2d 497 (La. App. 5th Cir. 2002) (credibility and sufficiency when eyewitness identifications exist)
- State v. Addison, 788 So.2d 608 (La. App. 5th Cir. 2001) (credible witness sufficient to convict if no internal contradictions)
- State v. McCloud, 901 So.2d 498 (La. App. 5th Cir. 2005) (errors concerning sentencing schemes after habitual offender determinations)
- State v. George, 39 So.3d 671 (La. App. 5th Cir. 2010) (vacate indeterminate habitual offender sentence and remand for proper resentencing)
- State v. Johnson, 917 So.2d 576 (La. App. 5th Cir. 2005) (credit for time served is self-operating under Art. 880)