State v. Bryant

694 So. 2d 556
CourtLouisiana Court of Appeal
DecidedMay 7, 1997
Docket29344-KA
StatusPublished
Cited by53 cases

This text of 694 So. 2d 556 (State v. Bryant) 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. Bryant, 694 So. 2d 556 (La. Ct. App. 1997).

Opinion

694 So.2d 556 (1997)

STATE of Louisiana, Appellee,
v.
Frank BRYANT, Appellant.

No. 29344-KA.

Court of Appeal of Louisiana, Second Circuit.

May 7, 1997.

*558 Joseph M. Clark, Sr., Shreveport, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Howard M. Fish, Catherine M. Estonpinal, Asst. District Attorneys, for Appellee.

Before HIGHTOWER, BROWN and PEATROSS, JJ.

PEATROSS, Judge.

A jury found the defendant Frank J. Bryant guilty of Second Degree Murder, a violation of LSA-R.S. 14:30.1. The trial court imposed the mandatory sentence of life imprisonment. Bryant appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On June 3, 1994, the victim, Daphney Taylor, began proceedings in Shreveport City Court for the issuance of a peace bond against the defendant, a former boyfriend. On June 6, 1994, the defendant was personally served with notice of the peace bond hearing which was set for June 13, 1994. The next day, June 7, 1994, police were called to the home of Felicia Alexander, the victim's stepsister, on DeSoto Street in Shreveport, Louisiana. Witnesses told police that several people, including Daphney Taylor, were sitting in the living room when the defendant entered the house carrying a gun. The defendant said "Hello," then fired a shot from the gun. Daphney ran from the room. The defendant followed her and, after a brief struggle, forcibly took her from the house. None of the witnesses saw Daphney alive after that date.

On June 9, 1994, Daphney Taylor's body was found near a railroad track with two gunshot wounds to the head.

On June 13, 1994, the defendant was arrested after a high speed auto chase, in which he was driving a stolen car. At the time of his arrest, the defendant appeared intoxicated, though no tests were performed. After his capture, the defendant gave several taped statements, one of which was introduced as evidence during the trial.

A jury found the defendant guilty as charged. The trial court imposed the mandatory life sentence. After the trial court denied defendant's motion for a new trial and motion to reconsider sentence, the defendant appealed his conviction and sentence.

DISCUSSION

In addition to the assignments of error addressed below, the defendant asserts three assignments of error which were not briefed. Assignments of error not briefed are considered abandoned. URCA Rule 2-12.4. State v. Schwartz, 354 So.2d 1332 (La. 1978); State v. Kotwitz, 549 So.2d 351 (La. App. 2d Cir.1989), writ denied, 558 So.2d 1123 (La.1990). We discuss below the remaining assignments of error.

Sufficiency of the Evidence

The defendant argues that the evidence presented, when viewed in light most favorable to the state, does not reasonably permit a finding that he was guilty of the offense of second degree murder. 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).

We note that the proper method to raise the issue of insufficient evidence is by motion for post verdict judgment of acquittal pursuant to La.C.Cr.P. art. 821. Although the defendant urges the insufficiency of the evidence by an assignment of error, the record does not indicate defendant made a motion for post verdict judgment of acquittal. We, nevertheless, find the evidence sufficiently *559 supports defendant's conviction of second degree murder.

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).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. 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. Lott, 535 So.2d 963 (La.App. 2d Cir.1988). 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, § 5(C); 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. Carey, et al., 628 So.2d 27 (La.App. 2d Cir.1993).

In the absence of internal contradiction or irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Carey, et al., supra; State v. Braswell, 605 So.2d 702 (La.App. 2d Cir.1992).

LSA-R.S. 14:30.1(A) provides, in pertinent part:

A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or
(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm.

Once proof independent of the confession confirms the fact of death by violent means, the confession alone can supply the proof linking the accused to the crime. Additionally, the confession can prove the elements essential to determining the degree of the crime, such as intent, or the underlying felony in a felony-murder prosecution. State v. Cutwright, 626 So.2d 780 (La.App. 2d Cir.1993).

When viewed in a light most favorable to the prosecution, the evidence presented by the state is sufficient to allow a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the offense of second degree murder.

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694 So. 2d 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bryant-lactapp-1997.