State v. Charleston

764 So. 2d 322, 2000 WL 803002
CourtLouisiana Court of Appeal
DecidedJune 23, 2000
DocketNos. 33,393-KA, 33,394-KA
StatusPublished
Cited by5 cases

This text of 764 So. 2d 322 (State v. Charleston) 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. Charleston, 764 So. 2d 322, 2000 WL 803002 (La. Ct. App. 2000).

Opinions

h CARAWAY, J.

Defendants, Stanley Charleston and' Derrick Jenkins, were charged with thé armed robbery of a loan company in Monroe, Louisiana. A jury convicted both defendants as charged. Both defendants have appealed, urging that the state’s case of circumstantial evidence against them failed to exclude every reasonable hypothesis of innocence. Finding the evidence constitutionally insufficient to support a verdict of guilt beyond a reasonable doubt, we reverse the defendants’ convictions and sentences and enter judgments of acquittal.

Facts

On the morning of September 8, 1997, an armed robbery occurred at Capital Loan Company on Third Street in Monroe. Pacquin Edwards was working alone at the time when the gunman approached her with a large silver and black gun. The robber, who the state claims was defendant, Derrick Jenkins, took two rolls of quarters from a money drawer. He then exited the front door of the small office building and turned south down Third Street immediately passing out of view of Edwards. Because the robber’s face was covered with a bandana, Edwards was never able to identify Jenkins as the robber.

Two other witnesses did identify both defendants in the area near Capital Loan. Cassandra Foster identified Jenkins as he passed her near the corner .of Third and Olive Streets. She was sitting on the steps in front of Miss Ques Lounge which is adjacent to Capital Loan on its south side. While Foster was able to positively identify Jenkins and his co-defendant, Stanley Charleston, who remained in a car directly across Olive Street from where she was seated, she could not see Jenkins enter or. exit Capital Loan. As Jenkins passed Ms. Foster twice, going to and from Third Street in the direction of Capital Loan, she identified no gun, bandana or the rolls of quarters.

|gThe second witness, Cathy Lopez, reported that she and a woman named Candy had seen the defendants driving in the area around Capital Loan. The defendants had parked their car in the parking lot of Lopez’s boarding house on Olive Street across from Miss Ques where Candy, who was acquainted with defendants, visited with them.

Neither the gun, the bandana, nor the money was recovered from the defendants following the traffic chase and stop of their vehicle soon after the robbery. No fingerprints or other direct evidence linked Jenkins to the scene of the robbery at Capital Loan.

Following a jury verdict convicting them of armed robbery by a vote of 11 to 1, the defendants challenge the sufficiency of the circumstantial evidence presented by the state.

Discussion

In a circumstantial evidence case where the defendant was observed near the scene of a crime, this court in State v. Gray, 26,115 (La.App.2d Cir.6/22/94), 639 So.2d 421, 424-425, recited the applicable law as follows:

“The criteria for evaluating sufficiency of evidence is whether, upon viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found all the elements of the crime proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Nealy, 450 So.2d 634 (La.1984); State v. Daniels, 607 So.2d 620 (La.App. 2d Cir.1992); State v. Bryant, 607 So.2d 11 (La.App. 2d Cir.[324]*3241992). That standard, now legislatively embodied within LSA-C.Cr.P.Art. 821, is applicable to cases involving both direct and circumstantial evidence.
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. LSA-R.S. 15:438.
Generally, direct evidence consists of testimony from a witness who actually saw or heard an occurrence, proof of the existence of which is at issue. State v. Turner, 591 So.2d 391 (La.App. 2d Cir.1991), writ denied, 597 So.2d 1027 (La.1992).
^Circumstantial evidence is evidence of facts or circumstances from which one might infer or conclude the existence of other connected facts. Circumstantial evidence consists of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience.State v. Major, 604 So.2d 137 (La.App. 2d Cir.1992), writ denied, 609 So.2d 255 (La.1992); State v. Daniels, supra. The circumstantial evidence rule of LSA-R.S. 15:438 does not establish a stricter standard of review than the more general Jackson v. Virginia formula, but a hypothesis of innocence that is sufficiently reasonable and sufficiently strong must necessarily lead a rational fact finder to entertain a reasonable doubt about guilt. State v. Daniels, supra; State v. Major, supra.
Whether circumstantial evidence excludes every reasonable hypothesis of innocence presents a question of law. State v. Daniels, supra.
Ultimately, all evidence, both direct and circumstantial, must be sufficient to support the conclusion that the defendant is guilty beyond a reasonable doubt. State v. Wiggins, 518 So.2d 543 (La.App. 5th Cir.1987), writs denied, 530 So.2d 562 (La.1988), 569 So.2d 979 (La.1990).”

The defendant in Gray, supra, was charged with the burglary of a camp house where a wood burning stove had been taken. Six days before the burglary was discovered, the defendant had been seen driving out of the driveway of the camp house through a “turn around” spot frequently used by local residents. An item resembling a barbecue grill was seen in the back of defendant’s pickup truck. The defendant’s presence only in the area near the crime scene and the lack of an actual identification of the stove which would clearly link the defendant to the burglary caused this court to conclude that every reasonable hypothesis of innocence was not excluded.

As will be seen in the following detailed analysis of the state’s evidence, this case is built solely on circumstantial evidence. We must therefore examine the evidence to determine whether every reasonable hypothesis of innocence was excluded.

poster’s Identification of Defendants

On the morning of the robbery, Ms. Foster was sitting outside Miss Ques waiting for her employer to open the business so that she could begin work. Her location was on the front steps of Miss Ques, on the Olive Street side of the business.

Foster described seeing the defendants driving on Olive Street in front of her circling the block.1 As the defendants’ car drove by, Lopez and Candy were crossing Olive Street from the parking lot of the boarding house and Foster heard a brief conversation between the men and women. While the defendants continued driving and circling, Lopez and Candy walked on northward toward Louisville Avenue. When Foster next saw the defendants circling the block, she spoke to the driver in the car, who she later identified as Charleston, and asked if the men were [325]*325looking for the women. The driver responded no.

When the car came around the block again, Foster saw the car stop and park in the parking lot of the boarding house.

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Cite This Page — Counsel Stack

Bluebook (online)
764 So. 2d 322, 2000 WL 803002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-charleston-lactapp-2000.