State Of Louisiana v. Thomas K. Bourque, Sr.

• Court: Louisiana Court of Appeal
• Decided: August 17, 2021
• Docket: 2021KW0596
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0596

VERSUS

THOMAS K. BOURQUE, SR. AUGUST 17, 2021

In Re: State of Louisiana, applying for supervisory writs,

18th Judicial District Court, Parish of Iberville, No. 727- 20.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT DENIED. A motion for severance is addressed to the sound discretion of the trial court, and its ruling should not

be disturbed on appeal absent a showing of an abuse of

discretion. See State v. Friday, 2010- 2309 ( La. App, lst Cir. 6/ 17/ 11), 73 So. 3d 913, 929, writ denied, 2011- 1456 ( La. 4/ 20/ 12), 85 So. 3d 1258. Moreover, under La. Code Crim. P. art.

495, " If it appears that a defendant or the state is prejudiced by a joinder of offenses in an indictment or bill of information or by such joinder for trial together, the court may order

separate trials, grant a severance of offenses, or provide

whatever other relief justice requires." Based on the portion

of the record before us, we cannot say that the trial court

abused its discretion in partially granting the motion to sever

offenses.

WIL EW

McDonald, J., dissents and would grant the writ

application. The offenses were properly joined pursuant to La. Code Crim. P. art. 493. Furthermore, evidence of each of the offenses joined in the indictment would be admissible as other

crimes evidence in severed trials to show the defendant' s lustful disposition toward children. See La. Code Evid. art.

412. 2; State v. Crochet, 2005- 0123 ( La. 6/ 23/ 06), 931 So. 2d 1083, 1087( per curiam); State v. Friday, 2010- 2309 ( La. App. 1st Cir. 6/ 17/ 11), 73 So. 3d 913, 929, writ denied, 2011- 1456 ( La. 4/ 20/ 12), 85 So. 3d 1258. the defendant failed to Additionally, carry his heavy burden of proving prejudicial joinder of

offenses as grounds for a motion to sever. See State v. Dawson, 2019- 1612 ( La. App. 1st Cir. 11/ 17/ 20), 316 So. 3d 77, writ

denied, 2021- 00217 ( La. 5/ 4/ 21), 315 So. 3d 222.

C T OF AP FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT