115 So. 3d 54
La. Ct. App.2013Background
- Defendant Ronald Ohlsson was charged with possession of a firearm by a convicted felon, three counts of armed robbery, and illegal possession of stolen things over $500.
- Trial in Jefferson Parish proceeded to a twelve-person jury, with guilty verdicts on all charges on February 10, 2012.
- Sentences: 15 years for firearm possession, 25 years each for the armed robberies, and 10 years for the stolen-property offense; all consecutive with no parole or suspension.
- Count four was later enhanced to life without parole as a seventh-felony-offender after a 15:529.1 proceeding.
- The trial court remanded for correction of the commitment/minute entry on count five; convictions and sentences otherwise affirmed.
- Facts establish three July 2010 robberies at Turtle Bar, Zaddie’s Tavern, and Matador Lounge; a stolen Toyota Corolla (license FEU375) tied to the crimes; defendant’s fingerprints and a matching glove tied to the vehicle; defendant allegedly confessed and directed police to the handgun.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State argues identity proven by descriptions, vehicle, fingerprints, and confession | Defense claims misidentification and lack of possession of the gun | Sufficiency supported; identity established; possession satisfied by constructive possession |
| Admissibility of other crimes evidence | State argues proper admissibility under Rule 404(B) | Defendant contends improper other crimes evidence | Issue deemed abandoned for lack of briefing |
| Voir dire and juror prejudice | State argues no grounds for replacement or mistrial; defense waived objection | Defense claims prejudicial juror comment required new pool | No reversible error; waiver and lack of timely objection bar relief |
| Mistrial | State sought mistrial due to juror-acquaintance issue; no merits found | Requests mistrial for prejudice | Waived; no mistrial declared |
| Error patent and commitment entry | Record reflects possession of stolen things >$500 and related evidence | Commitment erroneously stated $100+ value | Remand for correction of count five commitment to reflect possession of stolen things valued over $500 |
Key Cases Cited
- State v. Jones, 985 So.2d 234 (La. App. 5 Cir. 2008) (credibility and appellate review of witness testimony; standard for sufficiency)
- State v. Long, 408 So.2d 1221 (La.1982) (identity and negation of misidentification in crimes)
- State v. Searls, 895 So.2d 40 (La. App. 5 Cir. 2005) (identity considerations in armed robbery cases)
- State v. Harbor, 775 So.2d 1082 (La. App. 5 Cir. 2000) (standard for illegal possession of stolen things; value element)
- State v. Lauff, 953 So.2d 813 (La. App. 5 Cir. 2007) (briefing requirements; abandonment of issues on appeal)
- State v. Truitt, 500 So.2d 355 (La. 1987) (ineffective assistance generally addressed in post-conviction)
- Brady v. Maryland, 373 U.S. 83 (1963) (due process and suppression of exculpatory evidence)
- Strickler v. Greene, 527 U.S. 263 (1999) (materiality and prejudice standards for nondisclosed evidence)
- Kyles v. Whitley, 514 U.S. 419 (1995) (materiality and fair trial standard in exculpatory evidence analysis)