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State v. Schleve12/20/2000
Pettigrew, J. Concurs
Defendant, Royd Schleve, was charged by bill of information with two counts of simple burglary, violations of La. R.S. 14:62. Following a jury trial, he was found guilty of attempted simple burglary on count one and unauthorized entry of a place of business on count two. Thereafter, he was adjudicated a fourth-felony offender and sentenced as such to forty years at hard labor, without benefit of parole, probation, or suspension of sentence, for the attempted simple burglary. The trial court sentenced him to six years at hard labor for the unauthorized entry, consecutive to the sentence on count one. Defendant has now appealed, raising three counseled and three pro se assignments of error.
Counseled Assignments of Error
1. The trial court erred in failing to grant the motion to quash the bill of information for the state's failure to designate the felony which the state alleged the defendant intended to commit.
2. The trial court erred in allowing the introduction of other crimes evidence when the state failed and refused to notify the defendant as to which exception to the exclusionary rule it would rely on for the introduction of the other crimes.
3. The evidence was insufficient to prove the essential elements of the crime of burglary, or unauthorized entry to a place of business.
Pro Se Assignments of Error
1. The trial court erred in denying defendant's motion to suppress other crimes evidence presented by the state.
2. The trial court erred in admitting several state exhibits over defense objection.
3. The trial court erred in adjudicating defendant a fourth-felony offender.
Facts
On November 7, 1996, defendant was married and living with his wife in Metairie, Louisiana. Although he had been terminated from his job as an electrician the day before, he did not say anything about it to his wife and acted as though he was going to work that morning. Instead, late that morning, a first-grade teacher, Beth Lane, observed defendant standing in the hallway of the first-grade building at Mandeville Elementary School watching the children walk past. She said her attention was drawn to him because of the way he was looking at the children, which was not the way a parent normally looks at his child. Defendant also was not wearing the required visitor's badge. After escorting her class to the cafeteria, Ms. Lane again encountered defendant, this time in the third-grade hallway in front of the student restrooms. When Ms. Lane asked if she could help him, defendant replied that he was there to inquire about registering a child and was looking for the office. To ensure that defendant got to the right place, she escorted him to the office rather than merely giving him directions. She stated that the school was not open to the public to walk around freely.
Once in the office, defendant told the secretary he wanted to register his daughter in the second grade and stated his name was Richard Cangelosi. He also made vague and inconsistent statements regarding where he lived, at one point saying he lived with a woman and later saying he lived with his mother, whose address he could not remember. Defendant then left the school. These facts were the basis of the second count of simple burglary against defendant.
The following facts gave rise to the first count of simple burglary. Upon leaving Mandeville Elementary, defendant proceeded to Our Lady of the Lake Elementary School, a nearby parochial school. He went to the office and asked about the procedure for registering his daughter in the second grade. The secretary informed him
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