State v. Bowie

997 So. 2d 36, 2008 WL 4330899
CourtLouisiana Court of Appeal
DecidedOctober 30, 2008
Docket43,374-KA
StatusPublished
Cited by17 cases

This text of 997 So. 2d 36 (State v. Bowie) 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. Bowie, 997 So. 2d 36, 2008 WL 4330899 (La. Ct. App. 2008).

Opinion

997 So.2d 36 (2008)

STATE of Louisiana, Appellee
v.
Eugene A. BOWIE, Appellant.

No. 43,374-KA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 2008.
Rehearing Denied October 16, 2008.
Rehearing Not Considered October 30, 2008.

*37 W. Jarred Franklin, for Appellant.

Eugene A. Bowie, pro se.

William R. Coenen, Jr., District Attorney, Johnny R. Boothe, Penny W. Douciere, Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS and MOORE, JJ.

WILLIAMS, J.

The defendant, Eugene A. Bowie, was charged by bill of information with aggravated battery, a violation of LSA-R.S. 14:34. Following a jury trial, he was convicted as charged. He was sentenced to serve 10 years in prison at hard labor. For the following reasons, we affirm the defendant's conviction and sentence.

FACTS

On April 14, 2006, at approximately 4:00 p.m., deputies from the Franklin Parish Sheriff's Office were dispatched to 222 Mercer Street in Wisner, Louisiana in reference to a disturbance. Upon arrival, Deputy Derrick Mingo spoke with the victim, Lisa Holmes. Holmes informed the deputy that she had been walking down Mercer Street with her three grandchildren when she saw the defendant walking towards her. Holmes stated that she told the defendant to stop talking to others about her and starting rumors. She stated that the defendant became very angry and hit her in the face with his fist, causing her right cheek to swell. She further stated that the defendant pulled a pocket knife *38 from his pants and held it to her chin and throat area. According to Holmes, the knife pierced her skin, and the defendant threatened to kill her. She stated the defendant then let her go and ran away.

The defendant was charged by bill of information with aggravated battery, a violation of LSA-R.S. 14:34. He opted to represent himself, and the court appointed counsel to stand by to assist him if requested.[1] A jury trial commenced on October 8, 2007, and he was found guilty as charged. The defendant filed a motion for a new trial and a motion for post-verdict judgment of acquittal, which were denied by the court on November 15, 2007. Thereafter, he was sentenced to serve ten years at hard labor. The trial court denied the defendant's motion for new trial and post-verdict judgment of acquittal.

The defendant filed a motion and order for appeal on November 28, 2007, which was granted. On February 25, 2008, the defendant filed a "Request Status of Lodging and Briefing Order, in regard to submitting pro-se brief." He also filed assignments of error and a brief. The appeal was remanded by this court for further proceedings on March 6, 2008, and the trial court was directed to hold an evidentiary hearing to determine whether the defendant knowingly and intelligently waived his right to appellate counsel. At the evidentiary hearing, the defendant indicated that he wanted the assistance of counsel on appeal. An order was issued by the trial court on March 25, 2008 appointing the Louisiana Appellate Project.

DISCUSSION

Sufficiency of the Evidence

In his first assignment of error, the defendant contends the state failed to prove that he committed a battery upon Holmes with a dangerous weapon. He argues that there was no testimony to show that he committed force or violence against Holmes with the knife. He further argues that, at best, the evidence proves that he committed a simple battery and an aggravated assault.

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.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The standard for evaluating sufficiency of the evidence is whether, upon viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find that the state proved all 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. Washington, 597 So.2d 1084 (La.App. 2d Cir.1992). This standard was legislatively adopted in LSA-C.Cr.P. art 821 and applies to cases involving direct and circumstantial *39 evidence. State v. Smith, 441 So.2d 739 (La.1983). When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Owens, 30,903 (La.App. 2d Cir.9/25/98), 719 So.2d 610, writ denied, 98-2723 (La.2/5/99), 737 So.2d 747. It is always the function of the trier of fact to assess credibility and resolve conflicting testimony. State v. Lee, 32,272 (La.App. 2d Cir.8/18/99) 742 So.2d 651, writ denied, 99-2730 (La.3/17/00), 756 So.2d 326; State v. Thomas, 609 So.2d 1078 (La.App. 2d Cir.1992), writ denied, 617 So.2d 905 (La.1993).

This court's authority to review questions of fact in a criminal case is limited to the sufficiency of the evidence evaluation under Jackson, supra, and does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a judge or 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.8/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422.

Battery is the intentional use of force or violence upon the person of another. LSA-R.S. 14:34. Aggravated battery is a battery committed with a dangerous weapon. LSA-R.S. 14:34. "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm. LSA-R.S. 14:2(3).

At trial, Holmes testified that on the day in question, she was walking down the street with three of her grandchildren when she came into contact with the defendant. She stated that she questioned the defendant about why he had been spreading lies about having sexual relations with her. She further testified that the defendant told her to get out of his face, but she refused. She stated that he then hit her on the chin with his fist and pulled a knife out of his pocket and put the blade up to her throat. She stated that the defendant threatened to kill her and pierced her skin with the knife before he "just took off." She testified that after the incident, she immediately went home and called "the 9-1-1."

William Chapman, an acquaintance of the defendant, testified that he came into contact with the defendant while at a convenience store on the day in question. He testified that the defendant asked him for a ride home.

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Bluebook (online)
997 So. 2d 36, 2008 WL 4330899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bowie-lactapp-2008.