59 So. 3d 419
La. Ct. App.2011Background
- Rodney Mason Jr was convicted of armed robbery (LSA-R.S. 14:64) and attempted armed robbery (LSA-R.S. 14:27; 14:64); he received 55 years and 50 years respectively, concurrent, without parole/probation/suspension, on appeal.
- On July 6, 2006, two armed suspects robbed Ole Tyme Saver in LaPlace; about $200 taken; surveillance captured multiple angles and vehicle description (white Ford Explorer with bronze bottom and chrome rims).
- A white SUV/Explorer linked to the robbery was seen near the store; one suspect purchased beer and others fled; the driver was arrested and a vehicle search yielded clothing matching the footage and DNA evidence linking defendant.
- DNA analysis showed defendant’s DNA on a white long-sleeve shirt and a Levi’s short-sleeve shirt had a major contributor profile consistent with defendant; one shirt contained a mixture with defendant as major contributor; other items matched descriptions seen on video.
- Fingerprints from the vehicle matched defendant on the exterior backseat door; video and clothing recovery connected defendant to the robberies; multiple witnesses described weapons and the scene though faces were covered.
- The trial court’s PSI and prior arrest history were considered in sentencing; on appeal, the state concedes the 50-year sentence for attempted armed robbery exceeded statutory maximum and must be corrected; conviction affirmed; 55-year armed robbery affirmed; remand for resentencing on the illegal sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity sufficiency of evidence | State argues identity proven by DNA, fingerprints, and clothing evidence. | Mason contends insufficient proof of identity beyond reasonable doubt. | Sufficiency upheld; identity proven beyond reasonable doubt. |
| Excessiveness and illegal sentence | State contends substantial but not excessive given offense. | Sentence excessive; 50-year term for attempted armed robbery exceeds statutory max. | 55-year armed robbery affirmed; 50-year attempted armed robbery vacated and remanded for proper resentencing. |
Key Cases Cited
- State v. Duncan, 28 So.3d 410 (La.App. 5 Cir. 2009) (identification and sufficiency reviewed in light of evidence)
- State v. War-mack, 973 So.2d 104 (La.App. 5 Cir. 2007) (review of sentencing for excessiveness and discretion)
- State v. Monk, 956 So.2d 185 (La.App. 2 Cir. 2007) (court may review prior activity and uncharged offenses in sentencing)
- State v. Lee, 15 So.3d 229 (La.App. 5 Cir. 2009) (limits on review of excessiveness for armed robbery)
- State v. Jackson, 904 So.2d 907 (La.App. 5 Cir. 2005) (example of substantial sentences for armed robbery upheld)