Bowman v. United States

652 A.2d 64, 1994 D.C. App. LEXIS 250, 1994 WL 735543
CourtDistrict of Columbia Court of Appeals
DecidedDecember 30, 1994
Docket88-CF-835, 91-CO-1488
StatusPublished
Cited by42 cases

This text of 652 A.2d 64 (Bowman v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowman v. United States, 652 A.2d 64, 1994 D.C. App. LEXIS 250, 1994 WL 735543 (D.C. 1994).

Opinions

TERRY, Associate Judge:

Appellant appeals from his conviction of burglary in the first degree1 and destruction of property2 and from the denial of a motion to vacate his sentence. He argues that there was insufficient evidence to convict him of burglary; that he was erroneously barred from presenting the testimony of certain witnesses; that the court should have given a special unanimity instruction; that the prosecutor made improper comments in his closing argument; and finally, that he was denied the effective assistance of counsel at trial. We affirm both the judgment of conviction and the denial of the motion to vacate the sentence.

I

At approximately 11:00 p.m. on Monday, November 23, 1987, Paula Shaw Bowman, appellant’s estranged wife,3 was in her home, watching a football game on television with her thirteen-year-old daughter Pamela, her two-year-old son Paul, and her friend Edward Cosey, a Metropolitan Police officer, when appellant appeared at her door. Mrs. Bowman told appellant that she would not let him in and reminded him that he was supposed to stay away from her house.4 Appellant began pounding on the door, swearing and telling Mrs. Bowman that he was coming in regardless of her wishes.

Worried and frightened, Mrs. Bowman told her daughter Pamela to call the police. When Pamela reported that the telephone line was dead,5 Mrs. Bowman told her to start banging on the wall and also began to [67]*67pound on the wall herself. This was a signal to Faye Diggs Wade — Mrs. Bowman’s mother, who lived in an attached row house next door — that there was trouble and that she should call the police. Hearing the pounding, appellant yelled through the door, “Y’all better stop knocking on that goddam wall because if anybody comes out of that house ... then they gonna get hurt too, so y’all better stop knocking on that goddam wall.”

Appellant then climbed up on the front porch railing, kicked in the living room window, and “rolled through it at the same time” into the house. Upon seeing Officer Cosey, who was off duty and therefore not in uniform, appellant twice asked, “Who is this mother-fucker?” Mrs. Bowman told Cosey, “You don’t have to answer. That’s none of his business.” In response, appellant pushed Mrs. Bowman aside and asked Cosey directly, “Now what are you going to do, motherfucker?” Cosey and appellant scuffled for a moment, but Cosey soon gained the upper hand, and the fight stopped.

Appellant then went back outside after picking up a beer bottle, taking Mrs. Bowman’s keys and telling her that she should meet him at his mother’s house in ten minutes. If she did not, appellant warned, she was “going to get hurt.” Appellant also said to Officer Cosey, “If I find out who you are, you [are] going to get hurt too.” As appellant left the house, he encountered Mrs. Wade on the porch. With the sound of police sirens drawing nearer, appellant told her, “If it was you that called the police, you’re dead too.” Appellant then fled on foot and was arrested on a warrant some time later.

The government presented the testimony of five witnesses, four of whom were present when appellant broke into the house: Mrs. Bowman, her daughter Pamela, Officer Co-sey, and Mrs. Wade. Appellant presented no defense. The jury found appellant guilty of burglary and destruction of property. After he was sentenced and noted an appeal, he filed a motion under D.C.Code § 23-110 (1989) to vacate his conviction on the ground that his trial counsel had rendered ineffective assistance. After a hearing, the trial court denied the motion, orally stating its findings of fact and conclusions of law. Appellant noted another appeal, which was consolidated with the appeal from his conviction.

II

To obtain a conviction under our burglary statute, the government must prove “that the defendant entered the premises having already formed an intent to commit a crime therein.”6 Warrick v. United States, 528 A.2d 438, 442 (D.C.1987) (footnote omitted). Such intent is rarely capable of direct proof. “The requisite intent ... is a state of mind particular to the accused, and unless such intent is admitted, it must be shown by circumstantial evidence.” Massey v. United States, 320 A.2d 296, 299 (D.C.1974). Thus unauthorized presence, by itself, is not sufficient to prove a burglary; the government must also show “other circumstances” that “might lead reasonable people, based upon their common experience, to conclude beyond a reasonable doubt that appellant intended to commit some crime upon the premises.” Shelton v. United States, 505 A.2d 767, 770 (D.C.1986) (footnote omitted).

The indictment in this ease alleged that appellant entered the dwelling of Paula Shaw Bowman “with intent to commit an assault.” In Warrick, supra, we reversed a conviction of armed first-degree burglary with intent to commit an assault because the government established only that the defendant had entered a home armed with a dangerous weapon, a showing that, without more, was insufficient to support a burglary conviction. Citing Warrick, appellant argues that there was no evidence to permit the jury to infer that he intended to commit an assault.7 At most, he asserts, the evidence [68]*68suggests a “pattern of verbal harassment only, with no evidence of prior assaults or intent to assault upon entering [the] premises.”

We cannot agree. First of all, the fact that appellant actually committed an assault very soon after he was inside the house is strong circumstantial evidence that he intended to commit an assault at the time he entered. Lee v. United States, 37 App.D.C. 442, 446 (1911) (when defendant was charged with housebreaking with intent to commit larceny, “the proof of this larceny was the best evidence that his unlawful entry of the house was with that particular intent”). Second, Mrs. Bowman testified that when appellant appeared at her door and demanded to be let in, she started banging on the wall to alert her mother to call the police. This prompted appellant to yell through the door, “Y’all better stop knocking on that goddam wall because if anybody comes out of that house [i.e., the mother’s house] ... then they gonna get hurt too, so y’all better stop knocking on that goddam wall.” His statement that “they gonna get hurt too ” would support an inference that appellant intended to “hurt” not only whoever might come out of the mother’s house, but those inside Mrs. Bowman’s house as well. This evidence, combined with the violent manner of his entry, his generally aggressive behavior both before and after he entered, and his failure to exhibit any other purpose for being in the house, together with what the Shelton case referred to as “other circumstances,”8 would permit a jury to find that when appellant entered Mrs. Bowman’s home by force and without authority, he did so with the intent to commit an assault. See Johnson v. United States, 613 A.2d 888, 899-900 (D.C.1992). Indeed, the facts in this case are stronger in some respects than those in Johnson. In this case, unlike Johnson, appellant knew that the house was occupied when he entered it.

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Bluebook (online)
652 A.2d 64, 1994 D.C. App. LEXIS 250, 1994 WL 735543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-united-states-dc-1994.