State v. Bolden

501 So. 2d 942
CourtLouisiana Court of Appeal
DecidedJanuary 21, 1987
Docket18257-KA
StatusPublished
Cited by11 cases

This text of 501 So. 2d 942 (State v. Bolden) 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. Bolden, 501 So. 2d 942 (La. Ct. App. 1987).

Opinion

501 So.2d 942 (1987)

STATE of Louisiana, Appellee,
v.
Carolyn BOLDEN, Appellant.

No. 18257-KA.

Court of Appeal of Louisiana, Second Circuit.

January 21, 1987.

*944 E. Orum Young, Jr., Lafayette, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, James A. Norris, Jr., Dist. Atty., Joseph T. Mickel, Asst. Dist. Atty., W. Monroe, for appellee.

Before MARVIN, JASPER E. JONES and LINDSAY, JJ.

LINDSAY, Judge.

The defendant, Carolyn Bolden, appeals her conviction and sentence of twenty years at hard labor for manslaughter, a violation of LSA-R.S. 14:31. We affirm.

FACTS

The defendant began keeping the two year old victim, Latonya Washington, in June of 1984 while the child's mother, Janice Washington, was incarcerated. On the morning of October 12, 1984, the child was admitted to E.A. Conway Hospital in Monroe, Louisiana. The defendant identified herself as the child's mother and related that the child had walked into the defendant's bedroom screaming and holding her head. Defendant claimed the child then collapsed with a seizure and when efforts to revive her were unsuccessful, she was taken to the hospital. The child had numerous scratch, bruise and burn marks on her body as well as a blue eye, but no external head injuries were noted. A spinal tap was performed and the spinal fluid, normally a clear substance, was found to be extremely bloody.

A CAT scan revealed severe injury and swelling of the child's brain to the extent that the sutures of the skull plates were separated. The child died on October 29, 1984 without regaining consciousness.

An autopsy revealed multiple areas of intracranial hemorrhages as well as a subluxation or dislocation of the first cervical vertabra that connects the spine and the skull. The dislocation produced a compression of the spinal cord. The autopsy report noted that the brain injuries were not accompanied by any skull fractures and were probably the result of "Shaken Infant Syndrome" which occurs from the whiplash effect of the heavy infant head supported by a much smaller neck being forcefully shaken. Injuries to the brain are produced by the brain being forcefully impacted against the skull walls. The cause of death was listed as multiple intracranial injuries. The report noted the brain showed evidence of both old and new injury of this type. The old injuries were from six-eight weeks old. The report noted other marks on the twenty pound child indicating child abuse and concluded that the fatal head injuries were probably produced by intentional shaking of the child.

The defendant gave a recorded statement to law enforcement authorities in which she attempted to explain the numerous scars, burns, and bruises on the child. Defendant stated that she had been trying to toilet train the child and that on numerous *945 occasions on October 11, 1984 when the child had accidents, the defendant spanked her. The defendant also related an incident in which, during a spanking, the child fell and hit her head on the toilet and another incident in which defendant slapped the child who fell and hit her head on a gas outlet.

The defendant attempted to explain the burn marks, stating that they resulted from the child sitting too close to an electric heater in August or September of 1984. The defendant also related another incident in early August of 1984 when the child had a wetting accident and the defendant beat her with a shoe fifteen to twenty times, breaking the skin on the child's back. Defendant also related incidents of striking the child with a belt on approximately ten occasions and indicated that during the month of August she had also used a switch on the child. Scratches were found on the child's buttocks and a bruise was found in the pubic area. The defendant stated that the child had been sitting in a chair on some books, unclothed, eating. The defendant said the child fell and that defendant grabbed her, causing these injuries. Defendant related that she never sought medical attention for the child because she was afraid of being arrested for abuse.

Defendant was indicted by Grand Jury for the crime of manslaughter as defined by LSA-R.S. 14:31(2)(A) which provides that manslaughter is a homicide committed, without any intent to cause death or great bodily harm, when the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in LSA-R.S. 14:30 or 14:30.1 or of any intentional misdemeanor directly affecting the person. The offense carries a maximum penalty of twenty-one years at hard labor. The defendant was tried by jury and convicted. She was then sentenced to serve twenty years at hard labor.

The defendant appeals her conviction and sentence arguing that there was insufficient evidence upon which to base her conviction of the crime charged. She also contends that the trial court erred in allowing the state's medical witness to testify following a violation of the rule of sequestration, the trial court erred in admitting into evidence photographs of the victim and that the court failed to comply with the sentencing guidelines of LSA-C.Cr.P. Art. 894.1 in imposing an excessive sentence. We find defendant's contentions to be meritless.

SUFFICIENCY OF EVIDENCE

Defendant contends there is insufficient evidence to convict her of manslaughter in violation of LSA-R.S. 14:31(2)(A) in that the state failed to prove that this nonintentional homicide was committed during the commission of a felony not enumerated under LSA-R.S. 14:30 or 14:30.1 or during the commission of an intentional misdemeanor directly affecting the person. The state contends that the evidence is sufficient to show that the nonintentional homicide was the result of the defendant's commission of the crime of cruelty to a juvenile in violation of LSA-R.S. 14:93, or simple battery, a violation of LSA-R.S. 14:35.

In considering the standard of review for sufficiency of evidence, the reviewing court must determine 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 beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Nealy, 450 So.2d 634 (La.1984).

The rule as to circumstantial evidence is set forth in LSA-R.S. 15:438 as follows:

Assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.

When circumstantial evidence is relied upon, in whole or in part, the court has explained, in State v. Eason, 460 So.2d 1139 (La.App. 2d Cir. 1984), writ denied 463 So.2d 1317 (La.1985), the interaction of the Jackson standard with this state's statutory rule concerning circumstantial evidence, as follows:

*946 This statutory rule is not a purely separate test from the Jackson standard to be applied instead of a sufficiency of the evidence test whenever the state relies on circumstantial evidence to prove an element of the crime. State v. Wright, 445 So.2d 1198 (La.1984). Ultimately, the Jackson standard is the objective standard for testing the overall evidence, direct and circumstantial, for reasonable doubt. State v. Wright, supra; State v. Sutton, 436 So.2d 471 (La.1983).

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Bluebook (online)
501 So. 2d 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bolden-lactapp-1987.