State v. English
2000 WL 1854055, 774 So. 2d 1186 (2000)
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Rule of Law:
A defendant's claim of coercion or duress is negated when evidence shows the defendant had a reasonable opportunity to withdraw from the criminal enterprise or seek help but failed to do so. A defendant's actions that aid in the commission of a crime, such as assisting in securing stolen property and restraining the victim, are sufficient to classify them as a principal to the crime.
Facts:
- On the morning of July 18, 1998, Mack Poindexter saw brothers Calvin English and Cedric English outside the motel he owned.
- Cedric English entered the motel office, drew a revolver, pointed it at Poindexter, and demanded Poindexter's car keys.
- Calvin English then entered the office, and Cedric handed him the car keys, telling him to start the car.
- Calvin returned to the office, took a book containing money, and rifled through it until the money fell out.
- At Cedric's direction, Calvin tore a phone cord from the wall and, along with a sheet, used it to tie Poindexter to a chair.
- While tying up Poindexter, Cedric threatened to shoot Calvin for moving too slowly.
- Calvin went out to the car alone twice; the second time, he gestured for Cedric to hurry before driving the getaway car away from the scene at high speed.
- After a high-speed police chase, both brothers were apprehended together.
Procedural Posture:
- The State of Louisiana prosecuted Calvin English for one count of armed robbery in the trial court.
- A jury returned a verdict of guilty as charged.
- Defendant English filed a motion for post-verdict judgment of acquittal, which the trial court denied.
- The state filed a habitual offender bill, and the court adjudicated English a second felony offender.
- The trial court sentenced English to 49½ years at hard labor without benefits.
- English (Appellant) appealed his conviction and sentence to the Court of Appeal of Louisiana, Second Circuit, with the State of Louisiana as Appellee.
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Issue:
Is the evidence, when viewed in the light most favorable to the prosecution, sufficient to convict a defendant of armed robbery as a principal when he actively participated in the robbery but claimed he was coerced by his armed brother?
Opinions:
Majority - Brown, J.
Yes, the evidence was sufficient to convict Calvin English as a principal to armed robbery. A defendant is a principal if they are concerned in the commission of a crime by aiding or abetting in its commission. The jury was entitled to credit the victim's testimony over the conflicting and self-serving testimony of the defendant's brother. The victim, Mr. Poindexter, testified that Calvin did not appear surprised or frightened upon seeing the robbery in progress, never protested, and actively participated by taking the money and tying him up. Crucially, the defense of coercion under La. R.S. 14:18 requires that the offender reasonably believe the person making the threats is present and would immediately carry them out. Calvin had two opportunities to escape when he was alone in the car with the keys, yet he chose to wait for his brother. This failure to withdraw from the crime when he had the chance fundamentally undermines his claim of coercion and demonstrates his willing participation.
Analysis:
This case reinforces the high evidentiary burden for a defendant asserting a coercion or duress defense. It demonstrates that a defendant's observable actions during and immediately after a crime can provide sufficient circumstantial evidence of intent to overcome claims of being forced to participate. The court's deference to the jury's credibility assessment of the victim versus the co-perpetrator is a key aspect, highlighting that appellate courts under the Jackson v. Virginia standard will not re-weigh conflicting testimony. This precedent makes it difficult for a defendant who physically assists in key aspects of a crime to successfully re-characterize their role as merely an accessory after the fact or an unwilling participant.
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