State v. Brunet

674 So. 2d 344, 1996 WL 255945
CourtLouisiana Court of Appeal
DecidedApril 30, 1996
Docket95 KA 0340
StatusPublished
Cited by15 cases

This text of 674 So. 2d 344 (State v. Brunet) 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. Brunet, 674 So. 2d 344, 1996 WL 255945 (La. Ct. App. 1996).

Opinion

674 So.2d 344 (1996)

STATE of Louisiana
v.
Robin Joseph BRUNET, Sr.

No. 95 KA 0340.

Court of Appeal of Louisiana, First Circuit.

April 30, 1996.

*345 Margaret S. Sollars, Houma, for Defendant-Appellant, Robin Joseph Brunet, Sr.

Stephen P. Callahan, Houma, for Plaintiff-Appellee, State of Louisiana.

Before CARTER and PITCHER, JJ., and CRAIN,[1] J. Pro Tem.

HILLARY J. CRAIN, Judge, Pro Tem.

Robin Joseph Brunet, Sr., was charged by bill of information with one count of attempted second degree murder, a violation of La. R.S. 14:27 and 14:30.1. He pled not guilty and, after trial by jury, was convicted of the responsive verdict of attempted manslaughter. The trial court sentenced him to serve a term of fifteen years imprisonment at hard labor with credit for time served. Defendant has appealed, urging four assignments of error.

Facts

On the morning of April 25, 1993, the victim, Tamatha Rodrigue, was stabbed in the lower right side of her back. Prior to the stabbing, Ms. Rodrigue and defendant were having a prolonged argument, throughout the night and early morning hours, concerning defendant's allegations that she was having an affair with his brother, that she had reported to his parole officer that he was carrying a weapon, and that it was her fault that she had a miscarriage while pregnant with his child. Ms. Rodrigue estimated that, around 5:00 a.m. to 5:30 a.m. while she was leaning over to vomit in a bucket beside her bed, defendant stabbed her. Ultimately, defendant left in Ms. Rodrigue's vehicle, saying that he would return with help, which he never did. Prior to leaving, Ms. Rodrigue observed defendant drink some water, go to the bathroom, and wash his hands and the knife. After defendant left, Ms. Rodrigue eventually made it to the door of her bedroom, where she called her daughter in the adjacent room, who summoned help around 8:00 a.m. She was taken to Terrebonne General Medical Center, where she spent four days in intensive care as well as three additional days.

Assignments of Error Numbers 1 and 2

The defendant, by these assignments, contends that the trial court erred in allowing photographs of the crime scene and testimony concerning defendant's parole to be admitted into evidence over his objections. Specifically, defendant maintains that the probative value of each is outweighed by its prejudicial effect.

La.Code of Evidence art. 401 provides:

*346 "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
La.Code of Evidence art. 403 provides:
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time.

Photographs which illustrate any fact, shed light upon any fact or issue in the case, or are relevant to describe the person, place, or thing depicted, are generally admissible, provided their probative value outweighs any prejudicial effect. State v. Glynn, 94-0332, p. 9 (La.App. 1 Cir. 4/7/95); 653 So.2d 1288, 1298, writ denied, 95-1153, (La. 10/6/95); 661 So.2d 464. The trial court's admission of allegedly gruesome photographs will be overturned on appeal only if the prejudicial effect of the photographs clearly outweighs their probative value. No error will be found unless the photographic evidence is so gruesome as to overwhelm the jurors' reason and lead them to convict the defendant without sufficient other evidence. State v. Perry, 502 So.2d 543, 559 (La.1986), cert. denied, 484 U.S. 872, 108 S.Ct. 205, 98 L.Ed.2d 156 (1987). In the instant case, one photograph, depicting the amount of blood which was found on Ms. Rodrigue's mattress and sheets at the crime scene, was introduced during Dr. Mathieu's testimony to confirm his testimony that her condition was caused by severe blood loss. The photograph was certainly relevant, and its probative value outweighed any prejudicial effect.

Defendant also maintains that the trial court erred when it allowed Ms. Rodrigue to testify that she and defendant had an argument concerning allegations that she reported him to his parole officer for carrying a weapon. In a pre-trial hearing, the trial court determined that this testimony was part of the res gestae leading up to the crime. In the present case, we find that the reference to the argument regarding defendant's parole status was not improper. As noted by the trial court, this was one of the events which led up to the crime and, as such, could be viewed as probative on the issues of intent and motive. Further, we find that any indirect reference to other crimes, although none were specifically mentioned, was outweighed by the probative value of the testimony. See State v. Wilkinson, 612 So.2d 833, 835-36 (La.App. 1 Cir.1992), writ denied, 614 So.2d 1255 (La.1993). Thus, these assignments of error are meritless.

Assignment of Error Number 3

In this assignment of error, defendant contends that the trial court erred by failing to exclude an improper jury instruction containing references to "inflict great bodily harm" in its definition of attempted manslaughter.

The trial court, over defense objection, instructed the jury as follows:

Manslaughter is the killing of a human being when the defendant has the specific intent to kill or inflict great bodily harm but the killing is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his or her self control and cool reflection. (Emphasis added)
And attempt I will define for you again: is a person who has a specific intent to commit a crime or does or omits an act for the purpose of and tending directly toward accomplishing his object is guilty of an attempt to commit the crime intended.
. . . . .
Thus, in order to convict the defendant of Attempted Manslaughter you must find:
1) that the defendant had a specific intent to commit the crime of manslaughter; and,
2) the defendant did or omitted an act for the purpose of and tending directly toward the commission of the crime of manslaughter.

The Supreme Court, in State v. Butler, 322 So.2d 189 (La.1975), ruled that an attempted murder required a finding of a specific intent to kill, because murder is defined as the killing of a person under certain circumstances. The Court noted:

*347 It is conceivable, however, that a deadly weapon may be used with a specific intent to maim or seriously injure, rather than to kill. In such a situation the defendant would be guilty of murder if the victim died, but would not be guilty of attempted murder if the shot or blow did not kill the victim. By the nature of the attempt definition a specific intent to commit the crime, which may be more demanding than the intent required for the completed offense, is an essential element of that offense.

State v. Butler, 322 So.2d at 192.

The gravamen of the crime of attempted second degree murder is specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. La.R.S. 14:27 and 30.1.

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Cite This Page — Counsel Stack

Bluebook (online)
674 So. 2d 344, 1996 WL 255945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brunet-lactapp-1996.