State v. Butler

850 So. 2d 932, 2003 La. App. LEXIS 1839, 2003 WL 21459614
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
DocketNo. 37,226-KA
StatusPublished
Cited by3 cases

This text of 850 So. 2d 932 (State v. Butler) 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. Butler, 850 So. 2d 932, 2003 La. App. LEXIS 1839, 2003 WL 21459614 (La. Ct. App. 2003).

Opinion

I, GASKINS, J.

The defendant, Shanmarcus A. Butler, was convicted by jury of armed robbery and attempted second degree murder. He was sentenced to serve 25 years at hard labor, without benefit of parole, probation, or suspension of sentence on the armed robbery conviction and 45 years at hard labor without benefit of parole, probation, or suspension of sentence on the conviction for attempted second degree murder, with the sentences to be served consecutively. He now appeals the convictions and sentences. We affirm.

FACTS

The victim, Emanuel Allen, III, worked the night shift in maintenance at an area casino and attended school during the day. On Sunday morning, March 11, 2001, Allen arose shortly before noon and went outside to warm-up his car, a 1975 blue Chevrolet Nova. He noticed a man on a little girl’s [935]*935bicycle who kept passing by, looking at him. Allen went into the house for a short period of time.

When Allen returned to the car, he sensed someone behind him. He turned and saw the bicycle rider pointing a black .38 gun at him. Allen stated that the assailant, whom he later identified in court as the defendant, was slim with a short haircut. The defendant forced Allen into the car, got into the passenger seat, and gave Allen instructions on where to drive.

They went to a BMX park where Allen refused the defendant’s order to get into the trunk. They then drove to the former AT & T plant, where the defendant again told Allen to get into the trunk. When Allen continued to refuse, the defendant shot him in the head. The bullet entered below and | ^behind the left ear and exited close to the corner of the right eye. Allen was able to see the defendant get into the car.

Frederick Lea was driving in the vicinity of the former AT & T plant when he observed a blue Chevrolet with chrome wheels back out in front of him at a high rate of speed. The car was driven by a young black man. Lea then saw Allen SO-BO feet off the road and thought that he had either been stabbed or shot. Lea went to Allen’s aid and observed that he was bleeding heavily and his right eye was out of the socket. Lea called 911 and Allen was taken to an area hospital.

The bicycle ridden by the defendant was retrieved at Allen’s home. The defendant’s fingerprints were found on the bicycle. It was later determined that the bicycle belonged to the defendant’s 11-year-old sister.

An investigation by the police revealed that the defendant had been seen riding his sister’s bicycle prior to this offense. One witness told police that the defendant had approached him with a bag of car stereos, seeking to make a sale.

Allen’s car was found abandoned in southern Caddo Parish, near the homes of some of the defendant’s relatives. The stereo and amplifiers were missing from the car.

A warrant for the defendant’s arrest was issued. He was apprehended in Tulsa, Oklahoma, and returned to Shreveport. The defendant was charged with armed robbery and attempted second degree murder. Following a jury trial, the defendant was convicted of both charges and was sentenced as specified above.

|sThe defendant timely filed motions for post verdict judgment of acquittal and new trial, alleging that his convictions were contrary to the law and evidence and that there was insufficient evidence to support his convictions. He also filed a motion to reconsider his sentences, alleging only ex-cessiveness. All three motions were denied by the trial court. The defendant then appealed, arguing insufficiency of the evidence and excessive sentence.

SUFFICIENCY OF THE EVIDENCE

The defendant contends that the evidence presented at trial was insufficient to support his convictions for armed robbery and attempted second degree murder. The defendant does not dispute that the offenses occurred, but argues that the evidence was insufficient to identify him as the person who committed the crimes.

The standard of appellate review for a sufficiency of the 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Cummings, [936]*93695-1377 (La.2/28/96), 668 So.2d 1132; State v. Hunter, 33,066 (La.App.2d Cir.9/27/00), 768 So.2d 687, units denied, 2000-3070 (La.10/26/01), 799 So.2d 1150, 2001-2087 (La.4/19/02), 813 So.2d 424.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of the evidence in such cases must resolve any conflict in the direct evidence by |4viewing 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 the defendant was guilty of every essential element of the crime. State v. Thornton, 36,757 (La.App.2d Cir.1/29/03), 836 So.2d 1235.

The 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. 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. In the absence of an internal conflict with physical evidence, the testimony of one witness, if believed by the jury, is sufficient support for the requisite factual conclusion. State v. Clark, 33,794 (La.App.2d Cir.11/3/2000), 774 So.2d 291, unit denied, 2000-3511 (La.8/31/01), 795 So.2d 1209.

To convict a defendant of armed robbery, the state must prove: (1) the taking (2) of anything of value (3) from a person or in the immediate control of another (4) by the use of force or intimidation (5) while armed with a dangerous weapon. La. R.S. 14:64; State v. Jeselink, 35,189 (La.App.2d Cir.10/31/01), 799 So.2d 684. A dangerous weapon is any instrumentality which, in the manner used, is calculated or likely to produce death or great bodily harm. La. R.S. 14:2(3).

IrTo convict a defendant of attempted second degree murder, the state must prove: (1) specific intent to kill and (2) the commission of an overt act tending toward the accomplishment of that goal. La. R.S. 14:27 and 14:30.1. Specific intent to kill may be inferred from a defendant’s act of pointing gun and firing it at a person. State v. Burns, 98-0602 (La.App. 1st Cir.2/19/99), 734 So.2d 693, unit denied, 99-0829 (La.9/24/99), 747 So.2d 1114.

In cases involving a defendant’s claim that he was not the person who committed the crime, the Jackson rationale requires the state to negate any reasonable probability of misidentification in order to carry its burden of proof. State v. Burns, supra.

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Bluebook (online)
850 So. 2d 932, 2003 La. App. LEXIS 1839, 2003 WL 21459614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-butler-lactapp-2003.