State v. Ashley

768 So. 2d 817, 2000 La. App. LEXIS 2265, 2000 WL 1468556
CourtLouisiana Court of Appeal
DecidedOctober 4, 2000
DocketNo. 33,880-KA
StatusPublished
Cited by3 cases

This text of 768 So. 2d 817 (State v. Ashley) 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. Ashley, 768 So. 2d 817, 2000 La. App. LEXIS 2265, 2000 WL 1468556 (La. Ct. App. 2000).

Opinions

11 STEWART, J.

The state originally charged the defendant, Gary Wayne Ashley, with illegal possession of stolen things (a white Pontiac) and aggravated flight from an officer, violations of La. R.S. 14:69 and La. R.S. 14:108.1(C), respectively. However, the defendant was only tried on the aggravated flight charge. A jury found the defendant guilty as charged. The trial court then adjudged the defendant to be a fourth felony offender and sentenced him to 25 years at hard labor, which sentence the court reduced to 22 years after acting on the defendant’s motion for reconsideration. The defendant now argues that the prosecutor erred in mentioning “other crimes evidence” while describing the res gestae of the defendant’s offense, and that the evidence is insufficient to support the conviction. We hereby affirm the defendant’s conviction and sentence.

[819]*819FACTS

On May 7, 1999, in the afternoon, Officers Mike McConnell and James Dickard were together on directed patrol in Shreveport, at the intersection of Mansfield and Claiborne. Officer McConnell noticed a white Pontiac Grand Am, driven by the defendant, headed eastbound on Claiborne. Officer McConnell recalled a broadcast earlier that day that a white Pontiac had left the Texaco in the 1400 block of Jewella without paying for gas. The officers called in the tag, followed the Pontiac, and received notice that the car was stolen. After attempting to pull the car over, the Pontiac sped up and gave chase. During the chase, Officer Dickard lost visual contact of the Pontiac. Eventually, the officers found the vehicle wrecked in a ditch near Murphy Street and unoccupied. The defendant was later arrested after police discovered him under a house on Harvard Street.

DISCUSSION

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the | ¡.sufficiency of the evidence. The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accord with Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. State v. Hearold, 603 So.2d 731 (La.1992); State v. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

Sufficiency of the evidence

By assignment of error, the defendant argues that the state failed to prove that he was the person who was driving the stolen car and who attempted to elude the police. Because the defendant was not found in the white Pontiac after it crashed and because he had no marks, cuts, or bruises to indicate that he had been involved in a “major” accident, the defendant argues that the identifications by Officers McConnell and Dickard were unreliable circumstantial evidence of the defendant’s identity as the driver of the subject car. The thrust of the argument is that the officers’ “cursory glance” at the car and its driver could not constitute a credible basis for identification.

As noted, under Jackson v. Virginia, supra, the proper standard of appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Bosley, supra; State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (1992).

In all cases where an essential element of the crime is not proven by direct evidence, La. R.S. 15:438 applies. As an evidentiary rule, it restrains the fact | ¡¡finder in the first instance, as well as the reviewer on appeal, to accept as proven all that the evidence tends to prove and then to convict only if every reasonable hypothesis of innocence is excluded. Whether circumstantial evidence excludes every reasonable hypothesis of innocence presents a question of law. State v. Shapiro, 431 So.2d 372 (La.1982); State v. Hammontree, 363 So.2d 1364 (La.1978).

Aggravated flight from an officer is the intentional refusal of a driver to bring a vehicle to a stop, under circumstances wherein human life is endangered, knowing that the driver has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe the driver has committed an offense. The signal shall be given by an emergency light and a siren on a [820]*820vehicle marked as a police vehicle. Circumstances wherein human life is endangered include: leaving the roadway; forcing another vehicle to leave the roadway; exceeding the posted speed limit by 25 miles per hour or more; and, traveling against the flow of traffic. La. R.S. 14:108.1. '

It also can be noted that evidence of flight, concealment and attempt to avoid apprehension is relevant. It indicates consciousness of guilt. State v. Davies, 350 So.2d 586 (La.1977); State v. Morris, 521 So.2d 1214 (La.App. 2d Cir.1988), writ denied, 530 So.2d 80 (1988). Flight from the scene of the crime indicates consciousness of guilt and is a circumstance from which a jury may infer guilt. State v. Brown, 618 So.2d 629 (La.App. 2d Cir.1993), writ denied, 624 So.2d 1222 (1993).

In this case, Officer Mike McConnell testified that on the day in question he and his partner, Officer Dickard, were working in the Queensborough area of Shreveport. The police officers earlier had heard a “be on lookout” (BOLO) for a white Pontiac which had left a gas station without paying for gasoline.

[4While sitting at a stop light, McConnell (who was a passenger in the police car) saw a car which matched the BOLO description and made eye contact with the driver. The officers began to follow the car while they checked with headquarters about the car’s status. After following the car for three miles, the dispatcher said the car was reported as stolen.

The officers used their radio to set up for a possible pursuit. Corporal Vishnef-ski set up a roadblock at Pierre and Linwood by activating his lights and blocking the whole roadway. The defendant left the roadway to avoid the block, regained the road, and took off to the north at a high rate of speed. He ran a red light at Murphy and Pierre at a speed of 50-55 miles per hour “with no regards for life or property.”

The defendant turned west in a 25 m.p.h. zone and reached high speeds such that Officer Dickard slowed down, hoping that the defendant would also slow down and not kill someone. The defendant turned left [south] on Norma and ran a stop sign at Murphy St., allegedly at a high rate of speed. The defendant almost collided with Cpl. Vishnefski, who joined the pursuit. The defendant lost control and crashed at Maple and Yale. The Pontiac overturned, but the defendant fled on foot. McConnell and Dickard secured the scene; other officers captured the defendant a half block away, hiding under a house.

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Related

State v. Brown
173 So. 3d 1262 (Louisiana Court of Appeal, 2015)
State v. Byrd
145 So. 3d 536 (Louisiana Court of Appeal, 2014)
State of Louisiana v. Joseph Anthony Romero
Louisiana Court of Appeal, 2011
State v. Gatti
914 So. 2d 74 (Louisiana Court of Appeal, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
768 So. 2d 817, 2000 La. App. LEXIS 2265, 2000 WL 1468556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ashley-lactapp-2000.