People v. Harvey CA4/3

FACTS

When witness Arceneaux noticed men walking around a house, he became suspicious and called 911. He gave the operator a description of the car in which the men had arrived, a black Cadillac, including the license plate number. Two men had come out of the car and had approached the house. Arceneaux saw one of the men, his hand covered by a shirt, opening the entrance to the back yard of the house. Thereafter both men entered the house. Arceneaux described one of the men as wearing khaki shorts, red and white shoes, and a long sleeve white shirt. Arceneaux saw the homeowner return and park his car in the driveway. Thereupon, he saw one of the suspects leave the house through the front door. Later that day, Arceneaux was asked to identify a person. Although he did not recall saying so at the time of the trial, when a deputy sheriff testified that Arceneaux was presented with defendant he said, “‘That’s him, no doubt in my mind.’”

2 The homeowner testified he found the doors in the back and the front of the house open. Before leaving, he had locked the doors and closed all the windows. Upstairs, he found jewelry on the floor, clothing that had been removed from the closet,…