State v. Charles

787 So. 2d 516, 2001 WL 488704
CourtLouisiana Court of Appeal
DecidedMay 9, 2001
Docket2000-1611
StatusPublished
Cited by29 cases

This text of 787 So. 2d 516 (State v. Charles) 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. Charles, 787 So. 2d 516, 2001 WL 488704 (La. Ct. App. 2001).

Opinion

787 So.2d 516 (2001)

STATE of Louisiana
v.
Sarah CHARLES.

No. 2000-1611.

Court of Appeal of Louisiana, Third Circuit.

May 9, 2001.

*517 Chester R. Cedars, St. Martinville, LA, Counsel for State of Louisiana.

Margareta M. Lahme, Lafayette, LA, Counsel for Defendant/Appellant Sarah Charles.

Court composed of DOUCET, C.J., and THIBODEAUX and SULLIVAN, Judges.

THIBODEAUX, Judge.

The Defendant, Sarah Marie Charles, appeals her conviction and sentence for the responsive verdict of attempted manslaughter. She was initially charged with attempted second degree murder. She was sentenced to eighteen years at hard labor. All but eight years were suspended.

We affirm.

We shall consider whether:

(1) the evidence was insufficient to establish the elements of the crime;
(2) the trial court erred when it instructed the jury that the State, not the Defendant, had the burden of proving she acted in self-defense; and,
(3) the trial court imposed an excessive sentence.

*518 INSUFFICIENCY OF THE EVIDENCE

Defendant contends there was insufficient evidence presented at trial to prove that she attempted to kill the victim, particularly in light of the fact that her actions were motivated by the necessity for self-defense.

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court 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 ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982).

State v. Addison, 97-1186 (La.App. 3 Cir. 3/6/98); 717 So.2d 648, writ denied, 98-938 (La.9/4/98); 723 So.2d 955.

Homicide is justified "[w]hen committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger." La.R.S. 14:20.

According to La.R.S. 14:31 A(1), manslaughter is:

A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection.

The elements of second degree murder are the killing of a human being with the specific intent to kill or to cause great bodily harm. La.R.S. 14:30.1. However, when an attempt is alleged and the charge is second degree murder, it is required that the defendant have the specific intent to kill a human being and specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequence to follow his act or failure to act. La.R.S. 14:10; State v. Anderson, 98-492 (La.App. 3 Cir. 10/28/98); 721 So.2d 1006, writ denied, 98-2976 (La.3/19/99); 739 So.2d 781.

Attempt, according to La.R.S. 14:27, is:

A. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
* * *
C. An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt.

The victim, Elanor Chiasson, her mother, Patricia Chiasson, her two sisters, Kathy Livings and Lee Ann Noel, and Ms. Noel's husband, Jason Noel, arrived at Club L A, located on Coteau Rodiare Highway in St. Martin Parish, between 9:30 and 10:00 p.m. for a Christmas party. At closing time, approximately 1:30 a.m., Defendant threw a beer can which struck Kathy Livings in the face. Ms. Livings attempted to hit Defendant, but was restrained by others. The Defendant immediately left the club.

*519 The victim testified she was dancing with her sister, Ms. Noel, when she noticed a confrontation between Defendant and Ms. Livings, but she did not become involved. She stated she did not see the Defendant leave the club. The victim testified that she left the club about four to five minutes after the altercation between the two because it was time to leave. As she was leaving, she saw the Defendant standing at the bottom of a narrow exit/entrance ramp, on the other side of the ramp's rails, and asked her, "What's happened?" The Defendant rushed up the ramp and stabbed her. The victim's testimony is largely supported by Cynthia Williams.

Cynthia Williams is a cousin of the Defendant. Ms. Williams testified that she was at the club by herself on the evening of the stabbing. She had no knowledge of the incident inside. When she left the club at closing time she was immediately behind the victim. She stated she was so close to the victim that she would have bumped into the victim had the victim suddenly stopped. Ms. Williams testified that she first saw Defendant at her car near the bottom of the entrance/exit ramp. She then watched the Defendant come up the ramp and stab the victim without any words being exchanged. She does not recall seeing anyone else outside at the time.

The Defendant told the arresting officer that three girls, including Kathy Livings, had attacked her outside the club and she had to pull the knife to protect herself.

The Defendant was originally charged with attempted second degree murder. She was found guilty of the responsive verdict of attempted manslaughter. There was no evidence or testimony to support the elements of sudden passion or heat of blood. It is the defendant's burden to prove by a preponderance of the evidence that there are such mitigating factors as "heat of blood" or "sudden passion." State v. Baldwin, 96-1660 (La.12/12/97); 705 So.2d 1076. "Heat of blood" or "sudden passion" is defined by case law as an act committed in response to such provocation sufficient to deprive an average person of his self-control and cool reflection. State v. Miller, 98-642 (La. App. 3 Cir. 10/28/98); 720 So.2d 829. In this case, the only provocation for Defendant's action was her earlier argument with Kathy Livings. However, Kathy Livings is not who the Defendant stabbed. Case law requires that there be some act or series of acts by the victim sufficient to deprive a reasonable person of cool reflection. State v. Jack, 596 So.2d 323 (La.App. 3 Cir.1992), writ denied, 92-1052 (La.6/5/92); 600 So.2d 611. Further, an argument alone will not be a sufficient provocation in order to reduce a murder charge to manslaughter. State v. Miller, 98-642 (La.App. 3 Cir. 10/28/98); 720 So.2d 829, citing State v. Gauthier, 546 So.2d 652 (La.App. 4 Cir.1989).

Defendant offered no evidence sufficient to support the mitigating circumstances of sudden passion or heat of blood.

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Cite This Page — Counsel Stack

Bluebook (online)
787 So. 2d 516, 2001 WL 488704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-charles-lactapp-2001.