State v. Bunch

510 So. 2d 1266
CourtLouisiana Court of Appeal
DecidedJune 3, 1987
DocketKA-6417
StatusPublished
Cited by6 cases

This text of 510 So. 2d 1266 (State v. Bunch) 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. Bunch, 510 So. 2d 1266 (La. Ct. App. 1987).

Opinion

510 So.2d 1266 (1987)

STATE of Louisiana
v.
Anthony BUNCH.

No. KA-6417.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 1987.
Rehearing Denied August 28, 1987.

*1267 John H. Craft, New Orleans, for appellant.

William J. Guste, Jr., Atty. Gen., William B. Faust, III, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William A. Marshall, Asst. Dist. Atty., New Orleans, for appellee.

Before CIACCIO, LOBRANO and WILLIAMS, JJ.

LOBRANO, Judge.

Defendant, Anthony Bunch, was charged by bill of information with the August 4, 1985 aggravated burglary of the home of John Hackett, a violation of La.R.S. 14:60.

On September 19, 1985, defendant pled not guilty.

Trial was held on October 23, 1985 and a twelve member jury found defendant guilty as charged.

On January 17, 1986, pursuant to La.R.S. 15:529.1, defendant was adjudicated a second offender. He was sentenced to sixty (60) years at hard labor with credit for time served, without good time and without benefit of probation, parole or suspension of sentence.

Defendant appeals his conviction and sentence alleging the following assignments of error:

1) The evidence presented at trial was not sufficient to justify the verdict of guilty of aggravated burglary.
2) The court erred in sentencing defendant to an excessive sentence.

FACTS:

On August 4, 1985, at approximately 7:55 a.m., Harold Johnson, a/k/a "Pull", Seliva Bunch, Loretta Bunch and defendant went to the apartment of defendant's mother, Marjorie Bunch at 2019 Clio Street. Defendant's half-brother, Stanley Hines Bolton had arrived shortly before and was sitting on the front porch drinking a cup of coffee.

Bolton testified that Johnson, Seliva Bunch and Loretta Bunch remained outside as defendant went upstairs to Hackett's apartment ostensibly to use the telephone. Within minutes Johnson followed defendant up the stairs.

John Hackett, the ninety-three year old victim, testified that he allowed defendant into his apartment after he asked to use the telephone. Moments later, someone else pushed the door open. Defendant put the phone down, grabbed Hackett, placed a quilt over his head and beat him. Hackett begged for his life while the perpetrators ransacked his apartment.

Bolton testified that several minutes after defendant and Johnson went up to Hackett's apartment, he observed them hurriedly exit. They ran down the stairs where they were joined by Seliva and Loretta Bunch. All four then ran up the street. Hackett walked out onto his porch bleeding from the head and screaming that *1268 someone had "jumped on me" and "took my money and my gun".

Officer Ernest Cortez and Margaret Fairleigh answered the call. They found the victim standing in his doorway with a blood soaked towel on his head. His bed was covered with blood and his apartment was ransacked. Officer Cortez testified that $1300.00 in cash and a revolver were taken from the premises.

ASSIGNMENT OF ERROR 1:

Defendant asserts the evidence was insufficient to support the jury verdict. Specifically, he asserts the lack of proof of specific intent to commit a theft or felony. He argues that the circumstantial evidence is insufficient to justify the jury's verdict because the victim was unable to identify defendant as having committed the offense. Defendant urges that the testimony of the victim leaves open the reasonable hypothesis that Harold Johnson, the co-defendant, took advantage of defendant's legitimate entry into Hackett's apartment to commit the burglary and that defendant was unaware of Johnson's intentions. We disagree.

When reviewing for sufficiency of evidence, an appellate court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Fuller, 414 So.2d 306 (La.1982).

To support a conviction of aggravated burglary, the state must prove:

1) The unauthorized entering of an inhabited dwelling,
2) with the intent to commit a felony,
3) if the offender is armed with a dangerous weapon, or, after entering, arms himself with a dangerous weapon or,
4) commits a battery upon any person while in the dwelling. La.R.S. 14:60.

When circumstantial evidence is used, the elements of the crime charged must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438 reads:

"The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."
La.R.S. 15:438 is not a separate test from Jackson, supra, but rather is an evidentiary guideline to "facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt"; all evidence, direct and circumstantial, must meet the Jackson reasonable doubt standard. State v. Porretto, 468 So.2d 1142 (La.1985); State v. Wright, 445 So.2d 1198 (La.1984).

UNAUTHORIZED ENTRY

John Hackett testified that he let defendant enter his apartment because defendant requested use of the telephone; that moments later someone else pushed the door open and entered the apartment; that defendant then put the phone down, grabbed him, covered him with a quilt and along with the other assailant began to beat him.

La.R.S. 14:24 provides:

"All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals."

Thus, the evidence of defendant's active involvement in the burglary [the subterfuge used to gain entry, covering the beating the victim and fleeing the scene] is sufficient evidence for the jury to have found him guilty as a principal, even though the victim allowed him entry to the apartment. State v. Daley, 463 So.2d 826 (La.App. 2nd Cir.1985). See also: State v. Augustine, 482 So.2d 150 (La.App. 4th Cir. 1986).

SPECIFIC INTENT:

La.R.S. 14:10 defines specific criminal intent as:

*1269 "Criminal intent may be specific or general:
(1) Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act...."

Specific intent is a question of fact which may be inferred from the circumstances. La.R.S. 15:445; State v. Lockhart, 438 So.2d 1089 (La.1983); State v. Ricks, 428 So.2d 794 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982).

At the moment of entry, the defendant must have the requisite intent to commit a felony or theft. State v. Lockhart, supra; State v. Anderson, 343 So.2d 135 (La.1977); State v. Lewis, 288 So.2d 348 (La.1974).

In the instant case, the testimony at trial established what transpired immediately before and after the burglary.

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Bluebook (online)
510 So. 2d 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bunch-lactapp-1987.