State v. Christmas

101 So. 3d 456, 11 La.App. 5 Cir. 1133, 2012 WL 3970761, 2012 La. App. LEXIS 1125
CourtLouisiana Court of Appeal
DecidedSeptember 11, 2012
DocketNo. 11-KA-1133
StatusPublished

This text of 101 So. 3d 456 (State v. Christmas) 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. Christmas, 101 So. 3d 456, 11 La.App. 5 Cir. 1133, 2012 WL 3970761, 2012 La. App. LEXIS 1125 (La. Ct. App. 2012).

Opinion

SUSAN M. CHEHARDY, Judge.

|20n appeal, defendant challenges the sufficiency of the evidence used to convict him of being a felon in possession of a firearm. For the following reasons, we affirm defendant’s conviction and sentence.

Procedural history

On April 12, 2006, the Jefferson Parish District Attorney filed a bill of information charging defendant, Troy Christmas, with possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1.1 On September 7, 2011, a 12-person jury found defendant guilty as charged. On September 19, 2011, the trial judge sentenced defendant to imprisonment at hard labor for 12 years without benefit of parole, probation, or suspension of sentence.

Facts

On March 21, 2006, at approximately 2:00 a.m., Detectives Jason Monnerjahn and Evan Módica of the Jefferson Parish Sheriffs Office were in an unmarked vehicle patrolling the 500 block of North Elm Street in Metairie, which is a known high-crime, high-narcotics area. While patrolling, Detective |sMonnerjahn observed a hand-to-hand transaction between a driver, seated in a stopped vehicle, and an individual standing on the street.

After Detective Monnerjahn relayed his observation to other agents patrolling the area, Federal Agent Chris Morris and Sergeant Kenneth Latore proceeded to North Elm to assist the detectives. When Detectives Monnerjahn and Módica pulled up, they saw four or five individuals near two vehicles. Immediately, two of those people ran in different directions. Detectives Monnerjahn and Módica exited their vehicle and chased the fleeing individuals.

As the other officers pursued the fleeing subjects, Agent Morris exited his vehicle and observed defendant standing between the two vehicles. Agent Morris’s view of defendant’s hands was obstructed. Agent Morris, who recognized defendant from previous investigations, commanded him to raise his hands.

Defendant became nervous, reached toward his waistband, tugged something then slightly dipped his shoulder toward the ground. Right after defendant’s shoulder dipped toward the ground, Agent Morris heard a metallic “clink,” like something metal hit the ground. Agent Morris immediately thought that the defendant [458]*458had thrown a metal weapon to the ground so he drew his weapon and again ordered defendant to show his hands.

As Agent Morris circled around the front of his vehicle, defendant raised his hands as Agent Morris had requested. After Agent Morris handcuffed defendant, he immediately searched the ground around defendant’s feet, and within two feet of the defendant, Morris found a firearm on the ground. The weapon was partially underneath one of the vehicles lying in a mixture of gravel and grass.

Agent Morris testified that the gun did not look like it had been lying on the ground for any length of time. He also testified that the gun was warm when he Upicked it up, and it would have been cold if it had been lying there for hours due to the cold weather.2 After Agent Morris picked up the weapon, he “made it safe,” then secured it on his person, then in his vehicle.

Lieutenant Kelly Carrigan, the State’s expert latent print analyst, examined the firearm on July 9, 2008, while Mark Rogers, defendant’s latent print expert, watched, but Lieutenant Carrigan could not find any usable latent prints. Mr. Rogers testified that the gun was generally in a poor state of repair with dirt on the grip frame and corrosion on the slide but admitted that the gun could still operate mechanically. He also explained that the dirt in the grip frame could be consistent with somebody dropping the gun in an area with gravel. Mr. Rogers further testified that the gun was not stored in a manner in which prints could be lifted.

The State and the defense stipulated that defendant on trial was the same individual who was arrested for felony possession of a firearm on March 21, 2006. The parties further stipulated that defendant was the same individual who pled guilty to possession of crack cocaine on November 19, 1999, in Criminal District Court, Section C, in Orleans Parish in case number 410-509.

After hearing the testimony and reviewing the evidence, a 12-person jury found defendant guilty as charged. Defendant’s timely appeal follows.

Law and argument

In his only assignment of error, defendant argues that the evidence was insufficient to support the jury’s verdict. Specifically, he contends that the State failed to prove that he ever possessed the gun or that it had been recently handled by anyone. Defendant further contends that the testimony of the officers was inconsistent and contradictory. The State responds that after viewing the evidence Lin the light most favorable to the prosecution, a rational trier of fact could have found that defendant was guilty.

In reviewing the sufficiency of evidence, an appellate court must determine that the evidence, whether direct or circumstantial, or a mixture of both, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Neal, 00-674 (La.6/29/01), 796 So.2d 649, 657, cert. denied, 535 U.S. 940, 122 S.Ct. 1323, 152 L.Ed.2d 231 (2002).

In cases involving circumstantial evidence, the trial court must instruct the jury that, “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every [459]*459reasonable hypothesis of innocence.” La. R.S. 15:438. The reviewing court is not required to determine whether another possible hypothesis of innocence suggested by the defendant offers an exculpatory explanation of events. Rather, the reviewing court must determine whether the possible alternative hypothesis is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt. State v. Mitchell, 99-3342 (La.10/17/00), 772 So.2d 78, 83; State v. Washington, 03-1135 (La.App. 5 Cir. 1/27/04), 866 So.2d 973, 977.

In the instant case, defendant was convicted of possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1. In order to convict a person of violating La. R.S. 14:95.1, the State must prove: 1) the defendant possessed the firearm; 2) the defendant had a prior conviction for an enumerated felony; 3) the defendant possessed the firearm within ten years of the prior conviction; and 4) the defendant had the general intent to commit the offense. State v. Watson, 08-214 (La.App. 5 Cir. 8/19/08), 993 So.2d 779, 784.

| ^Actual possession of a firearm is not necessary to prove the possession element of La. R.S. 14:95.1. Constructive possession is sufficient to satisfy the element of possession. State v. Day, 410 So.2d 741, 743 (La.1982). A person is in constructive possession of a firearm if the firearm is subject to his dominion and control. State v. Johnson, 03-1228 (La.4/14/04), 870 So.2d 995, 998. A person’s dominion over a weapon constitutes constructive possession, even if it is only temporary in nature and even if control is shared. Id.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Watson
993 So. 2d 779 (Louisiana Court of Appeal, 2008)
State v. Day
410 So. 2d 741 (Supreme Court of Louisiana, 1982)
State v. Neal
796 So. 2d 649 (Supreme Court of Louisiana, 2001)
State v. Washington
866 So. 2d 973 (Louisiana Court of Appeal, 2004)
State v. Johnson
870 So. 2d 995 (Supreme Court of Louisiana, 2004)
State v. Mitchell
772 So. 2d 78 (Supreme Court of Louisiana, 2000)
State v. Rowan
694 So. 2d 1052 (Louisiana Court of Appeal, 1997)
Ross Milling Co. v. Giliberti
3 La. App. 5 (Louisiana Court of Appeal, 1925)
Canovsky v. Gehrsen
8 La. App. 5 (Louisiana Court of Appeal, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
101 So. 3d 456, 11 La.App. 5 Cir. 1133, 2012 WL 3970761, 2012 La. App. LEXIS 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-christmas-lactapp-2012.