State v. Bruce

54 So. 3d 87, 10 La.App. 5 Cir. 121, 2010 La. App. LEXIS 1550, 2010 WL 4486368
CourtLouisiana Court of Appeal
DecidedNovember 9, 2010
DocketNo. 10-KA-121
StatusPublished
Cited by9 cases

This text of 54 So. 3d 87 (State v. Bruce) 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. Bruce, 54 So. 3d 87, 10 La.App. 5 Cir. 121, 2010 La. App. LEXIS 1550, 2010 WL 4486368 (La. Ct. App. 2010).

Opinion

JUDE G. GRAVOIS, Judge.

^Defendant Lawrance W. Bruce appeals his conviction and sentence for armed robbery, a violation of LSA-R.S. 14:64. On appeal, he argues that the evidence was insufficient to convict, he received an excessive sentence, and that fundamental errors of due process occurred during his multiple offender proceeding. After thorough consideration of the law and the record, we affirm.

PROCEDURAL HISTORY

On February 11, 2009, the Jefferson Parish District Attorney filed a bill of information charging defendant, Law-rance W. Bruce, with one count of armed robbery. Defendant pled not guilty at arraignment on February 12, 2009. Defendant filed a Motion to Suppress Identification, which was denied by the court on April 2, 2009.

On June 3, 2009, defendant proceeded to trial before a twelve-person jury. The jury found defendant guilty of armed robbery. Defendant filed a Motion for New Trial on June 17, 2009, which was denied by the court. Sentencing delays |swere waived, and on June 17, 2009, defendant was sentenced to 75 years in the Department of Corrections without benefit of probation, parole, or suspension of sentence. After sentencing, defendant filed a written motion for appeal, which was granted on June 17, 2009.

Defendant filed a Motion to Amend Sentence, which was denied by the court on August 20, 2009. The State filed a multiple offender bill of information on the same day, and defendant denied the allegations therein. After a hearing on August 20, 2009, the trial court found that defendant was a second felony offender. The trial court vacated defendant’s original sentence and imposed an enhanced sentence of 100 years imprisonment at hard labor, with the first 99 years to be served without benefit of probation, parole, or suspension of sentence and the remaining one year to be served without the benefit of probation or suspension of sentence, in accordance with LSA-R.S. 15:529.1. Trial counsel objected to the sentence as excessive. Defendant’s timely appeal followed.

FACTS

On January 10, 2009, at approximately 9:00 p.m., Deputy Mark Monson of the Jefferson Parish Sheriffs Office received a call regarding an armed robbery at 1308 Bolo Court, Apartment # 3, in Bridge City, Louisiana. Deputy Monson met with and obtained a written statement from the victim, Adadin Caraballo, who advised that he had been robbed in his apartment at knifepoint. Mr. Caraballo identified the robber as a man named “Tony.” Deputy Monson, who frequently patrolled the area, had knowledge that defendant regularly used the name “Tony.”

[90]*90Mr. Caraballo advised Deputy Monson that the defendant entered his apartment and pulled out a medium-sized kitchen knife. Defendant approached Mr. Cara-ballo, who stumbled backwards in fear. At the same moment, defendant |4grabbed a gold Figaro chain with a Jesus medallion from around Mr. Caraballo’s neck. Mr. Caraballo testified that although he did not know defendant, he had seen defendant around the neighborhood and had heard people address him as “Tony.” Mr. Cara-ballo testified that he had paid approximately $1,600 for the chain and medallion. After defendant left the apartment, Mr. Caraballo and his roommates attempted to find defendant and recover the chain. When they were unsuccessful, Mr. Cara-ballo reported the robbery to the police.

The following day, Deputy Monson compiled a photographic lineup that included defendant’s picture. That same day, Mr. Caraballo positively identified defendant as the person who robbed him. Defendant was subsequently arrested and charged with armed robbery.1

ASSIGNMENT OF ERROR NUMBER TWO2

Defendant argues that the evidence at trial was insufficient to support the verdict. Defendant notes that there was no weapon recovered, no eyewitnesses to the alleged armed robbery, and no independent evidence to support the existence or value of the property that was allegedly stolen. Defendant also notes the lack of a verbal reference to the weapon during the incident, such as “Give it up.” Finally, defendant contends that there was no testimony specifically supportive of force or intimidation. As such, defendant argues that any rational trier of fact would have grave and reasonable doubt as to defendant’s guilt, and that the verdict should be set aside.

|KThe State responds that the victim’s testimony at trial, which was uncontradict-ed, is sufficient to prove beyond a reasonable doubt that defendant robbed the victim while armed with a dangerous weapon. The State asserts that the credibility of witnesses is within the sound discretion of the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. The State contends that, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that the State proved the essential elements of the charged offense beyond a reasonable doubt.

The constitutional standard for testing the sufficiency of the evidence, as enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), 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 beyond a reasonable doubt. See State v. Ortiz, 96-1609, p. 12 (La.10/21/97), 701 So.2d 922, 930, cert. denied, 524 U.S. 943, 118 S.Ct. 2352, 141 L.Ed.2d 722 (1998); State v. Bailey, 04-85, p. 4 (La.App. 5 Cir. 5/26/04), 875 So.2d 949, 954-55, writ denied, 04-[91]*911605 (La.11/15/04), 887 So.2d 476, cert. denied, 546 U.S. 981, 126 S.Ct. 554, 163 L.Ed.2d 468 (2005) (quotation omitted). Under the Jackson standard, a review of a criminal conviction record for sufficiency of evidence does not require the court to ask whether it believes that the evidence at the trial established guilt beyond a reasonable doubt. State v. Jones, 08-20, p. 6 (La.App. 5 Cir. 4/15/08), 985 So.2d 234, 240. Rather, the reviewing court is required to consider the whole record and determine whether any rational trier of fact would have found guilt beyond a reasonable doubt. Id., 08-20 at 7, 985 So.2d at 240.

It is not the function of the appellate court to assess the credibility of witnesses or to re-weigh the evidence absent impingement on the fundamental due | (¡process of law. Bailey, 04-85 at 5, 875 So.2d at 955; Jones, 08-20 at 7, 985 So.2d at 240. In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness’s testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Johnson, 03-903 (La.App. 5 Cir. 12/9/03), 864 So.2d 645, 650.

Evidence may be either direct or circumstantial. Circumstantial evidence consists of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. Jones, 08-20 at 7, 985 So.2d at 240. Where circumstantial evidence forms the basis of the conviction, the evidence must exclude every reasonable hypothesis of innocence, “assuming every fact to be proved that the evidence tends to prove.” State v. Frith, 08-52, p. 9 (La.App. 5 Cir. 4/29/08), 985 So.2d 792, 797 (citing LSA-R.S. 15:438; State v. Neal, 00-0674, p. 9 (La.6/29/01), 796 So.2d 649, 657, cert.

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Cite This Page — Counsel Stack

Bluebook (online)
54 So. 3d 87, 10 La.App. 5 Cir. 121, 2010 La. App. LEXIS 1550, 2010 WL 4486368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bruce-lactapp-2010.