State v. Brazil

784 So. 2d 734, 2001 WL 322710
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
Docket34,341-KA
StatusPublished
Cited by5 cases

This text of 784 So. 2d 734 (State v. Brazil) 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. Brazil, 784 So. 2d 734, 2001 WL 322710 (La. Ct. App. 2001).

Opinion

784 So.2d 734 (2001)

STATE of Louisiana, Appellee,
v.
Alonzo BRAZIL, Appellant.

No. 34,341-KA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2001.

*736 Cynthia R. King, Shreveport, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Tommy J. Johnson, William J. Edwards, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, CARAWAY and DREW, JJ.

WILLIAMS, Judge.

The defendant, Alonzo Brazil, was charged by bill of information with illegal use of a weapon during a crime of violence, a violation of LSA R.S. 14:94(F). After a jury trial, the defendant was found guilty as charged and sentenced to serve ten years at hard labor without benefit of parole, probation or suspension of sentence. For the following reasons, we affirm.

FACTS

The defendant, Alonzo Brazil, was charged with illegal use of a weapon after firing a shotgun into a crowd assembled at a local park. The incident occurred on May 10, 1998, at Bilberry Park in Shreveport, Louisiana. There were approximately thirty people in the park at the time of the incident. At trial, it was established that Gordon Williams and Charles Dotson were in the park playing basketball, Eric Frazier and Jazvon Johnson were sitting on the bleachers located near the southwest corner of the baseball field next to Alabama Avenue and Latrisha Law, Tosha Jones and Jones' infant son were sitting nearby.

Williams, Frazier and Law testified at trial that they noticed a white car circle the park several times. According to Frazier, Johnson stated that he thought "the car was going to shoot at us." Law testified that she overheard Johnson tell his companions that if the car drove by once more, Johnson would shoot at the car. Shortly thereafter, the white car passed, and according to Law, Johnson fired at the vehicle.

Law and Frazier testified that they witnessed the driver of the white car park the vehicle on Alabama Avenue, leave the vehicle and fire a shotgun at Johnson as he fled. Williams testified that the gunman pointed the gun towards the basketball court where he and approximately twenty other people were located and fired three or four shots. Both Frazier and Law identified the defendant as the person who had fired at Johnson.

The defendant was interviewed by Shreveport Police Detective Ronny Gryder after he was arrested. The defendant stated that he was driving his white Toyota Tercel on Alabama Avenue near Bilberry Park when he saw Johnson firing a gun at his vehicle. The defendant stated that he drove to the end of Alabama Avenue where he encountered several men, some of whom were armed with guns. The defendant never indicated that these men threatened him or hindered his progress in any way. According to the defendant, he turned his car around and drove back to *737 the park. He admitted that he exited the car armed with a sawed-off shotgun. The defendant stated that Johnson was running across the park attempting to flee when he fired approximately three rounds at Johnson.

Contrary to statements made after his arrest, the defendant testified during trial that two armed men approached him in an intimidating manner and he turned his car around and drove back toward the park where he encountered Johnson, who was aiming a gun at him. The defendant testified that he did not have anywhere to go, and, therefore, he "let off a few rounds" to scare Johnson, so that he could escape.

The defendant was charged with illegal use of a weapon by intentionally discharging a firearm where it was foreseeable that it may result in death or great bodily harm to a human during a crime of violence. After a jury trial, the defendant was found guilty as charged and sentenced to serve ten years at hard labor, without benefit of parole, probation or suspension of sentence. The defendant's motions for new trial, post-verdict judgment of acquittal and reconsideration of sentence were denied. The defendant appeals.

DISCUSSION

Assignment of Error No. 1

By this assignment of error, the defendant contends the jury erred in determining that it was foreseeable that the intentional discharge of the firearm would cause great bodily harm to a human being.

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). 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. Bellamy, 599 So.2d 326 (La.App. 2d Cir.), writ denied, 605 So.2d 1089 (La.1992).

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, 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 jury's decision to accept or reject the testimony of a witness in whole or in part. 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. In the absence of internal contradiction or irreconcilable conflict with physical 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 Cir.5/8/96), 674 So.2d 1018, writ denied, 96-1459 (La.11/15/96), 682 So.2d 760, writ denied, 98-0282 (La.6/26/98), 719 So.2d 1048.

LSA R.S. 14:94 provides in pertinent part:

*738 (A) Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, ... where it is foreseeable that it may result in death or great bodily harm to a human being.
(F) Whoever commits the crime of illegal use of weapons or dangerous instrumentalities by discharging a firearm while committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another person to commit a crime of violence ... shall be imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence.

Aggravated assault is an assault committed with a dangerous weapon, and an assault is defined as either an attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. LSA-R.S. 14:36 and 37; State v.

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Bluebook (online)
784 So. 2d 734, 2001 WL 322710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brazil-lactapp-2001.