State v. Barrett

963 So. 2d 1072, 2007 WL 2323378
CourtLouisiana Court of Appeal
DecidedAugust 15, 2007
Docket42,303-KA
StatusPublished
Cited by2 cases

This text of 963 So. 2d 1072 (State v. Barrett) 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. Barrett, 963 So. 2d 1072, 2007 WL 2323378 (La. Ct. App. 2007).

Opinion

963 So.2d 1072 (2007)

STATE of Louisiana, Appellee
v.
Anthony Ray BARRETT, Appellant.

No. 42,303-KA.

Court of Appeal of Louisiana, Second Circuit.

August 15, 2007.

*1074 Anthony Ray Barrett, Pro Se.

Louisiana Appellate Project, by Mary C. Hanes, for Appellant.

Paul J. Carmouche, District Attorney, John F. McWilliams, Dhu Thompson, Lea R. Hall, Jr., Assistant District Attorneys, for Appellee.

Before GASKINS, DREW and LOLLEY, JJ.

*1075 LOLLEY, J.

This criminal appeal arises from the First Judicial District Court, Parish of Caddo, State of Louisiana. The defendant, Anthony Ray Barrett, was convicted of simple burglary pursuant to La. R.S. 14:62. Thereafter, he was adjudicated a fourth felony offender. He was sentenced to 40 years at hard labor, with credit for time served, to run consecutively with any other sentence. Barrett was also ordered to pay restitution to the victim in the amount of $500.00. Barrett appeals his conviction and sentence, which we affirm for the following reasons.

FACTS

Barrett was charged by bill of information with simple burglary for the burglary of Southern Automotive Services ("Southern Automotive") in Shreveport, Louisiana, a felony offense in violation of La. R.S. 14:62. He was convicted after a jury trial. The state filed a multiple offender bill under La. R.S. 15:529.1, and Barrett was adjudicated a fourth felony offender after a multiple offender hearing. He was sentenced to 40 years at hard labor, with credit for time served, to run consecutively with any other sentence. In addition, Barrett was also ordered to pay restitution to Southern Automotive in the amount of $500.00. This appeal by Barrett ensued.

DISCUSSION

In his first assignment of error, Barrett argues that there was insufficient evidence to support his conviction for simple burglary. Specifically, Barrett maintains that the state failed to prove beyond a reasonable doubt that he had the specific intent to commit a theft or felony inside Southern Automotive, arguing that specific intent cannot be inferred from the fact that he was found hiding in the attic of the main building. Barrett asserts that he hid in the attic out of fear of the K-9 dogs and police officers and that no items were found missing from the premises. Barrett concludes that a rational trier of fact, after viewing the evidence in the light most favorable to the prosecution, would not have found him guilty of simple burglary, and thus, the verdict must be set aside. We disagree.

When issues are raised on appeal both as to the sufficiency of the evidence and one or more trial errors, the reviewing court first reviews the sufficiency claim. This is because the defendant 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 the evidence is constitutionally insufficient. State v. Hearold, 603 So.2d 731 (La.1992); State v. Bosley, 29,253 (La.App. 2d Cir.04/02/97), 691 So.2d 347, writ denied, XXXX-XXXX (La.10/17/97), 701 So.2d 1333.

When considering the issue of sufficiency of evidence, the critical inquiry of the reviewing court 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Cummings, XXXX-XXXX (La.02/28/96), 668 So.2d 1132. It is the role of the fact finder to weigh the respective credibility of the witnesses and, therefore, an appellate court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam, 36,118 (La. App. 2d Cir.08/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422. In the absence of internal contradiction or irreconcilable conflict with other evidence, one witness' testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. White, 28,095 (La.App. 2d *1076 Cir.05/08/96), 674 So.2d 1018, writ denied, XXXX-XXXX (La.11/15/96), 682 So.2d 760, writ denied, XXXX-XXXX (La.06/26/98), 719 So.2d 1048.

To convict an accused of simple burglary, the prosecution must prove there was an unauthorized entry of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein, other than as set forth in La. R.S. 14:60. La. R.S. 14:62; State v. Bullard, 29,662 (La. App. 2d Cir.09/24/97), 700 So.2d 1051.

The only contested issue in this case was whether Barrett entered Southern Automotive with the intent to commit a theft. Although intent is a question of fact, it need not be proved as a fact. State v. Robinson, 29,488 (La.App. 2d Cir.06/18/97), 697 So.2d 607, writ denied, XXXX-XXXX (La.12/12/97), 704 So.2d 1200. It may be inferred from the circumstances. State v. Kahey, 436 So.2d 475 (La.1983); State v. Robinson, supra. Moreover, it is not necessary that an actual theft occur. State v. Hall, 26,505 (La.App. 2d Cir.12/07/94), 647 So.2d 453. Flight and attempt to avoid apprehension are circumstances from which the jury may infer a guilty conscience. State v. Fuller, 418 So.2d 591 (La.1982); State v. Roberson, 40,809 (La.App. 2d Cir.04/19/06), 929 So.2d 789.

On October 8, 2005, police officers responded to a silent alarm that was triggered at Southern Automotive. The business establishment was locked and closed for business. Officer Robert Rivet of the Shreveport Police Department, one of the first responding officers, testified at Barrett's trial that he heard movement inside the store and called for the K-9 unit. Officer Joseph Dews testified that he observed a hole in the back of the building. He also testified that Sammy Goldman, Southern Automotive's manager, had to unlock the building so that the officers could begin their investigation. Goldman testified that he arrived at the scene to allow the police officers access into the building so that the officers could begin their investigation.

The officers gave loud verbal warnings to the perpetrator, indicating that the K-9 units would soon enter. After no response, a K-9 dog went inside the building and led the officers into an attic space above the office area. Barrett was discovered in a back corner area, lying between two rafters with a plywood board on top of him. Officer T.G. Morrison advised him to show his hands, and after Barrett refused to comply, Off. Morrison ordered his K-9 dog to bite Barrett. The dog obeyed his command, causing Barrett to begin kicking and punching the dog. After Barrett followed the officer's verbal commands, he was placed under arrest. Barrett was led down from the attic space whereupon Goldman informed the arresting officers that Barrett was not an employee nor did he have permission to be inside the building. Thereafter, Barrett was advised of his Miranda rights. When the officers questioned Barrett as to whether he had heard their loud verbal warnings announcing their presence before they entered the building, he indicated that he had heard the warnings but chose to hide.

Goldman testified that Barrett did not have permission to be inside Southern Automotive.

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Related

State v. Roland
162 So. 3d 558 (Louisiana Court of Appeal, 2015)
State v. Bell
972 So. 2d 1207 (Louisiana Court of Appeal, 2007)

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Bluebook (online)
963 So. 2d 1072, 2007 WL 2323378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barrett-lactapp-2007.