State v. Adams

89 So. 3d 435, 11 La.App. 5 Cir. 980, 2012 WL 1415103, 2012 La. App. LEXIS 553
CourtLouisiana Court of Appeal
DecidedApril 24, 2012
DocketNo. 11-KA-980
StatusPublished
Cited by8 cases

This text of 89 So. 3d 435 (State v. Adams) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Adams, 89 So. 3d 435, 11 La.App. 5 Cir. 980, 2012 WL 1415103, 2012 La. App. LEXIS 553 (La. Ct. App. 2012).

Opinion

ROBERT A. CHAISSON, Judge.

12Pefendant, Blake G. Adams, appeals his convictions for simple criminal damage to property and unauthorized entry of an inhabited dwelling. For the reasons that follow, we affirm his convictions and sentences.

PROCEDURAL HISTORY

On March 26, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant with simple criminal damage in an amount greater than five hundred dollars, in violation of LSA-R.S. 14:56 (count one), and unauthorized entry of an inhabited dwelling, in violation of LSA-R.S. 14:62.3 (count two). At his arraignment, defendant pled not guilty.

The matter proceeded to trial before a six-person jury on September 14, 2010. After considering the evidence presented, the jury found defendant guilty as charged [438]*438on both counts. On September 20, 2010, the trial court sentenced defendant, on count one, to two years imprisonment at hard labor and, on count two, to six years imprisonment at hard labor, to run concurrently.

|sOn September 24, 2010, the State filed a bill of information pursuant to the provisions of LSA-R.S. 15:529.1 alleging defendant to be a fourth felony offender. After a hearing on March 1, 2011, the trial court found defendant to be a fourth felony offender, vacated the original sentence on count two, and re-sentenced defendant to thirty years imprisonment at hard labor, without benefit of probation or suspension, to run consecutive to the sentence imposed on count one.1 Defendant filed a motion to reconsider sentence, which was denied. Defendant now appeals.

FACTS

The victim, Nateryl Butler, and defendant were involved in a romantic relationship. Ms. Butler explained that she and defendant began dating in 2004, and lived together in all of 2005 and half of 2006. As a result of this relationship, they had a son who was born on October 4, 2005. In the beginning, their relationship was good; however, the two began having problems, and in May of 2006, Ms. Butler terminated the relationship and moved out of the apartment they were sharing.

On July 13, 2008, defendant called Ms. Butler and asked permission to visit with their son. Ms. Butler agreed; however, when defendant arrived, he wanted to leave with their child. Ms. Butler would not allow it, and an argument ensued. Ms. Butler then walked outside and was followed by defendant and their son. When defendant was distracted by an incoming call on his cell phone, Ms. Butler returned to her apartment with her son and locked the door. Shortly thereafter, defendant returned to the apartment and knocked on the door. Ms. Butler refused to let him in, and defendant began kicking the door until it breached. Once inside the apartment, defendant punched Ms. Butler in the face and attempted to take his |4son, who refused to leave with him. Ms. Butler dialed 911, but defendant was gone when the police arrived.

Deputy Benjamin Ingles of the Jefferson Parish Sheriffs Office responded to the domestic disturbance call. Upon arrival, Deputy Ingles observed that the door frame to the apartment was “busted” and that there were “splinters of wood all over the floor.” He also observed that Ms. Butler was hysterical, crying, and had slight swelling on the left side of her face.2

Another incident occurred on September 24, 2008. On that day, defendant came over to Ms. Butler’s apartment unannounced and vandalized her car when she would not allow him inside of her home. From her kitchen window, Ms. Butler observed defendant break the passenger side mirror and dent the passenger side doors to her vehicle. She immediately dialed 911. Deputy Richard Wilson responded to the scene and took a statement from Ms. Butler, who was “upset and afraid.”

Detective Randall Fernandez of the Jefferson Parish Sheriffs Office conducted a follow-up investigation of these two incidents and defendant’s violation of a protective order issued on behalf of Ms. Butler on October 31, 2009. After completing his investigation, Detective Fernandez ob[439]*439tained an arrest warrant for defendant, who was subsequently arrested and charged with the instant offenses.

At trial, defendant claimed that he was not at Ms. Butler’s apartment on July 13, 2008, or September 24, 2008. He denied kicking her door open or damaging her vehicle.

| SUFFICIENCY OF THE EVIDENCE

On appeal, defendant challenges the sufficiency of the evidence used to convict him of simple criminal damage to property and unauthorized entry of an inhabited dwelling. Defendant argues that there is no proof that he committed either of the crimes and questions Ms. Butler’s credibility as the sole witness. Specifically, he claims that Ms. Butler fabricated these charges to make his life miserable for his failure to either pay child support or give up his parental rights.

The constitutional standard for testing the sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude that the State proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). Both the direct and circumstantial evidence must be sufficient to support the conclusion that defendant is guilty beyond a reasonable doubt. State v. Patterson, 10-415 (La.App. 5 Cir. 1/11/11), 63 So.3d 140, 147, writ denied, 11-338 (La.6/17/11), 63 So.3d 1037.

In the instant case, the jury found defendant guilty of unauthorized entry of an inhabited dwelling. That offense is defined in LSA-R.S. 14:62.3 as “the intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.” An unauthorized entry is an entry without consent, express or implied. State v. Kirsch, 04-214 (La.App. 5 Cir. 7/27/04), 880 So.2d 890, 894.

In the instant case, we find that the State presented sufficient evidence to support defendant’s conviction for unauthorized entry of an inhabited dwelling. Ms. Butler testified that on July 13, 2008, she allowed defendant to visit their son at her apartment. When she would not allow defendant to leave with their son, an | (¡argument ensued and continued outside of the apartment. When defendant was distracted by an incoming call on his cell phone, Ms. Butler returned to her apartment with her son and locked the door. Shortly thereafter, defendant returned to the apartment and knocked on the door. When Ms. Butler refused to let him in, defendant kicked her door open. He then entered her apartment, punched her, and attempted to leave with their son. Ms. Butler dialed 911. Deputy Ingles arrived at the scene and observed that the door frame to the apartment was “busted” and further observed that Ms. Butler was hysterical and had slight swelling on the left side of her face. At trial, Ms. Butler testified that defendant did not have permission to enter her apartment at the time he kicked the door open. Further, the 911 tape and the photographs of the damage to the door and Ms. Butler’s injuries were introduced at trial.

The jury also found defendant guilty of simple criminal damage to property where the damage amounts to five hundred dollars but less than fifty thousand dollars. LSA-R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana Versus Cody Breaux
Louisiana Court of Appeal, 2023
State Of Louisiana v. Donald E. Tate
Louisiana Court of Appeal, 2021
State of Louisiana v. Brian Anthony Porter
Louisiana Court of Appeal, 2019
State v. Mitchell
263 So. 3d 967 (Louisiana Court of Appeal, 2018)
Garrison v. State
2018 WY 9 (Wyoming Supreme Court, 2018)
State v. Castillo
167 So. 3d 624 (Louisiana Court of Appeal, 2014)
State v. Marshall
128 So. 3d 1156 (Louisiana Court of Appeal, 2013)
State v. Granger
103 So. 3d 576 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
89 So. 3d 435, 11 La.App. 5 Cir. 980, 2012 WL 1415103, 2012 La. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-lactapp-2012.