State v. Carthan

765 So. 2d 357, 1999 WL 1118625
CourtLouisiana Court of Appeal
DecidedDecember 8, 1999
DocketCR99-512
StatusPublished
Cited by8 cases

This text of 765 So. 2d 357 (State v. Carthan) 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. Carthan, 765 So. 2d 357, 1999 WL 1118625 (La. Ct. App. 1999).

Opinion

765 So.2d 357 (1999)

STATE of Louisiana
v.
Ricky CARTHAN.

No. CR99-512.

Court of Appeal of Louisiana, Third Circuit.

December 8, 1999.

*359 Richard Phillip Ieyoub, David W. Burton, Assistant District Attorney, DeRidder, LA, Counsel for the State.

Edward K. Bauman, Lake Charles, LA, Ricky Carthan, Counsel for Defendant.

Before YELVERTON, THIBODEAUX, and SULLIVAN, Judges.

SULLIVAN, Judge.

Defendant, Ricky Carthan, was charged with two counts of illegal possession of stolen things, violations of La.R.S. 14:69. The first count resulted in a felony conviction, as the jury found that the stolen items, stainless steel railroad tank car valves and other metal parts, had a value greater than $100 but less than $500. The jury returned a misdemeanor conviction on the second count, which involved a stolen cellular phone.

The State then filed a habitual offender bill alleging that Defendant was a fourth felony offender and that one previous felony was defined as a crime of violence under La.R.S. 14:2(13). After a hearing, the trial court determined that the allegations of the habitual offender bill were correct. The trial court imposed the mandatory sentence of life imprisonment under La.R.S. 15:529.1(A)(1)(c)(ii) for the felony conviction and sentenced Defendant to six months in the parish jail for the misdemeanor conviction, with the sentences to run consecutively. On appeal, Defendant's appointed counsel assigns two errors, and Defendant, pro se, assigns five.

Facts

On January 23, 1998, officers with the DeRidder Police Department responded to a complaint of theft at an aluminum recycling center. The victim, Glen Smith, who owns and operates Glenco Valve Service, Inc., reported that someone had stolen several items from his business and then sold them to the recycling center for cash. The items included a 90-degree stainless steel elbow pipe and stainless steel railroad tank car valves, which Mr. Smith refurbishes in his business. Mr. Smith valued the stolen items in their present condition at approximately $2,000. Tony Fontenot, a co-owner of the recycling center, reported that he purchased the items from Defendant and two unknown black males for approximately $65. Mr. Fontenot testified that Defendant had sold "stuff" to the center "every now and then."

During questioning at the police station, Defendant stated that he bought the items for about $10 or $15 from a man who drove a beige truck and was known only as "Scarface." Defendant said that "Scarface" approached him in his driveway about buying "some aluminum that come off of his boy's job." Defendant told the police that he asked "Scarface" if the items were stolen, as he does with whatever he buys, and further, that "Scarface" did not appear to be a thief.

In his statement, Defendant identified three other persons who should have witnessed his conversation with "Scarface": a juvenile named Felipe Santiago, David Crocket, and Defendant's tenant, Thomas Smith. Neither Felipe nor Mr. Crocket *360 testified at Defendant's trial. Mr. Smith testified that one morning a man driving a beige-looking truck stopped at Defendant's house located next door. Mr. Smith overheard Defendant ask the man if the items were stolen, but he did not hear the response, nor did he witness the transaction. Steve Tantin, the young man who drove Defendant and his friends to the recycling center to sell the items, also testified that Defendant told him that he bought the items from a man called "Scarface." Officer Shane Fruge testified that he attempted to locate "Scarface" by patrolling the streets of DeRidder, but his efforts were unsuccessful.

After Defendant authorized a search of his home, the police found a cellular phone that had been reported stolen from a vehicle owned by Deana Spears. In a second statement at police headquarters, Defendant reported that the juvenile, Felipe, offered to sell the phone to Defendant after admitting that he stole it from the Spears vehicle. Defendant told the police that he declined Felipe's offer to buy the phone, but that Felipe left the phone on his front porch. Defendant's grandmother, who lives with him, testified that she found the phone on the porch and brought it into the house to protect it. Defendant also said in his statement that Felipe may have hidden other stolen phones either under or in his house, but the police found only the phone stolen from the Spears vehicle.

Sufficiency of the Evidence

Defendant, through his appointed counsel and in a pro se assignment, argues that the evidence presented at trial was insufficient to support a conviction of felony grade illegal possession of stolen things. Defendant contends that the State failed to prove (1) he knew or had good reason to believe the items were stolen and (2) the value of the items exceeded $100.

In reviewing the sufficiency of the evidence to support a criminal conviction, the critical inquiry on appeal is whether the evidence supports a finding of guilt beyond a reasonable doubt. "The relevant question on appeal 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 [proved] beyond a reasonable doubt." State v. Daigrepont, 560 So.2d 959, 960 (La.App. 3 Cir.), writ denied, 566 So.2d 396 (La.1990) (citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). The Jackson standard allows an appellate court "to impinge `on the actual factfinder's discretion... only to the extent necessary to guarantee the fundamental protection of due process of law.'" State v. Juluke, 98-341, p. 4 (La.1/8/99); 725 So.2d 1291, 1293 (quoting State v. Mussall, 523 So.2d 1305, 1310 (La.1988) (alteration in original)). "Given this limited purpose, the Jackson standard does not serve as a vehicle for a reviewing court to second guess the rational credibility determinations of the factfinder at trial." Id. See also State v. Williams, 98-1146 (La.App. 5 Cir. 6/1/99); 738 So.2d 640.

When circumstantial evidence forms the basis of the conviction, the elements of the crime must be proved such that every reasonable hypothesis of innocence is excluded. La.R.S. 15:438. However, "[w]hen a case involves circumstantial evidence, and the jury reasonably rejects the hypothesis of innocence presented by the defendant[ ] ... that hypothesis falls, and the defendant is guilty unless there is another hypothesis which raises a reasonable doubt." State v. Chester, 97-1001, p. 1 (La.12/19/97); 707 So.2d 973 (quoting State v. Captville, 448 So.2d 676, 680 (La.1984) (alteration in original)).

Guilty Knowledge

La.R.S. 14:69(A) provides:

Illegal possession of stolen things is the intentional possessing, procuring, receiving, or concealing of anything of value which has been the subject of any *361 robbery or theft, under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of one of these offenses.

To obtain a conviction, the State had to prove beyond a reasonable doubt that (1) Defendant intentionally possessed, procured, received or concealed something of value; (2) the thing was stolen; and (3) the circumstances indicate Defendant knew or had good reason to believe that the thing was stolen. Daigrepont, 560 So.2d 959.

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Cite This Page — Counsel Stack

Bluebook (online)
765 So. 2d 357, 1999 WL 1118625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carthan-lactapp-1999.