State v. FeebackState v. Feeback
The defendant in this matter, John J. Feeback, Jr., was charged by bill of information with the crime of receiving stolen things, a violation of
On July 1, 1980, Larry Laborde, Chief of the West Monroe Police Department, executed a search warrant at defendant‘s residence, 202 Woodrow Street. Eight window air-conditioning units were seized and identified as stolen property. The legality of the search warrant is at issue herein.
There were two affiants to the warrant, Chief Laborde and Major Don Hill of the Monroe Police Department. Chief Laborde stated that he had received information from a reliable confidential informant on June 30, 1980, that stolen goods would be delivered to defendant‘s residence. A surveillance
ASSIGNMENT OF ERROR NO. 1
The trial court erred in denying defendant‘s motion to suppress.
Defendant argues that the trial court erred in denying defendant‘s motion to suppress the search warrant since the warrant was invalid, having been issued on information that was obtained by an illegal entry and search of the defendant‘s premises and not from an informant. Defendant‘s claim is based on the following allegations:
1. When he returned home from work on July 1, 1980, he found the paneling at the back of his garage separated and the sheet removed from the crates containing the air-conditioners.
2. Defendant‘s neighbor claimed he had seen two men getting out of a car near defendant‘s garage.
3. Defendant‘s sister saw what she thought was an unmarked police car in defendant‘s driveway that day.
4. The lapse of time between the informant‘s contacting Chief Laborde, before noon, and the issuance of the search warrant, 10:45 P.M., has no reasonable explanation except that the police gathered additional information through an illegal search of defendant‘s premises.
The state argues that, since the search was made pursuant to a warrant, it is the defendant‘s burden to prove the warrant invalid and, in the instant case, the defendant did not meet that burden.
The facts establishing probable cause for a search warrant must be contained within the four corners of the affidavit.
In the instant case, the defendant claims that the facts in the affidavit were results of unconstitutional police searches and not from a confidential informer as stated. There was no showing by the defendant at the motion to suppress that any of the reported vehicles that were seen at defendant‘s house on July 1, 1980 were, in fact, police vehicles. None of the witnesses made inquiries of the persons allegedly seen
ASSIGNMENT OF ERROR NO. 2
The sentence of the court was excessive.
Defendant argues that he was a first felony offender with a record of employment, thus a suspended six year sentence plus a Fifteen hundred dollar fine is disproportionate to the crime committed and defendant‘s personal history. In addition, the defendant argues that the six month jail sentence as a condition of probation was excessive and, since imposed without benefit of probation, parole, or suspension, had the effect of a sentence of eighteen months with good time.
At the sentencing hearing, the trial court noted defendant‘s prior convictions for contempt of court, disturbing the peace, and drawing and displaying a dangerous weapon. The judge decided that probation was a good risk for this defendant since the offense was non-violent and defendant was employed in a job with a responsible position. Thus, he suspended the six years at hard labor and placed defendant on probation for five years. The judge added, however, that he felt the defendant needed a taste of jail and sentenced him to six months in the parish prison in addition to a Fifteen hundred dollar fine. The judge individualized the sentence to the defendant under guidelines of
For the reasons assigned above, the conviction and sentence are affirmed.
AFFIRMED.