State v. Coward

967 So. 2d 580, 7 La.App. 3 Cir. 0421, 2007 La. App. LEXIS 1812, 2007 WL 2851461
CourtLouisiana Court of Appeal
DecidedOctober 3, 2007
DocketNo. 07-0421
StatusPublished
Cited by3 cases

This text of 967 So. 2d 580 (State v. Coward) 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. Coward, 967 So. 2d 580, 7 La.App. 3 Cir. 0421, 2007 La. App. LEXIS 1812, 2007 WL 2851461 (La. Ct. App. 2007).

Opinion

PETERS, J.

l iThe defendant, Harry Coward, was convicted by a jury of the offense of attempted simple burglary, a violation of La.R.S. 14:27 and La.R.S. 14:62. He now appeals his conviction and sentence, asserting two assignments of error. For the following reasons, we affirm the conviction but amend the sentence.

DISCUSSION OF THE RECORD

The State of Louisiana (state) originally charged the defendant with one count of simple burglary, a violation of La.R.S. 14:62, and one count of theft of property having a value in excess of $500.00, a violation of La.R.S. 14:67(B)(1). The charges arise from the November 18, 2003 burglary of the Manuel Oil Company office located in a building in Eunice, Louisiana. Both Manuel Oil Company and the building wherein the business was located belonged to Tanny Devillier. At the May 30, 2006 trial on the merits, the jury convicted the defendant of the responsive verdict of attempted simple burglary.

There is little dispute concerning the facts giving rise to the charges. Mr. Dev-illier operates a number of business enterprises out of the burglarized office, and most of these enterprises generate cash money which is often kept on the premises for days before being deposited. In fact, according to Mr. Devillier, at least $500.00 was on hand at all times, and most of the time much more cash was present. Because the defendant had been employed by Mr. Devillier in one or more of his businesses for approximately five years before the burglary, and because the defendant was in the office often enough to observe the way the cash was handled, he had inside knowledge of the business operation.

The defendant left Mr. Devillier’s employ approximately one month before the [582]*582burglary, but visited the office on at least two occasions in the two weeks before the | ^burglary. During those visits, he had the opportunity to observe Michelle Brown, the office manager, count and store cash money.

A few minutes after 10:00 p.m. on November 18, 2003, a gasoline station attendant at a station near the Devillier office building telephoned the Eunice Police Department and advised the dispatcher that a burglary was in progress in the building. One of the first officers who responded to the report approached the front door of the office building and observed movement therein. He alerted other officers who were on the way to the rear of the building and, as those officers moved into position, they observed the defendant standing a few steps outside of an obviously damaged rear door to the building and holding a pair of green gloves. The investigating officers found a red sports utility vehicle (SUV) parked near the area where they encountered the defendant, and during the subsequent investigation they found a pair of bolt cutters and a screwdriver on the back seat of the SUV. According to the defendant’s son, the red SUV belonged to his mother.

When the officers entered the darkened building, they found that the door where the defendant was found had been broken away and that the office itself was in disarray with filing cabinets lying about, desk drawers opened, money scattered about, and a security light broken. The perpetrator had gained access to the building by cutting a hasp on the door, and gained access to the contents of the filing cabinets by cutting four locks. Scientific testing of the hasp and locks revealed that they were cut with a tool similar to a bolt cutter. Later that evening at the Eunice Police Station, one of the officers observed a still-bleeding cut on the defendant’s hand. However, at no time during the investigation did the officers find any money or property belonging to Mr. Devillier on the defendant’s person.

InMr. Devillier was out of the state on the night of the burglary, and Ms. Brown was called to the scene to inventory the damage and inform the investigating officers of exactly what was missing. According to the written report of one of the officers, Ms. Brown reported only that a money box was missing and that it contained $1,064.10. However, at trial, she testified that in addition to the missing box containing approximately $1,000.00, a number of sealed envelopes containing cash rent money of between $1,500.00 and $2,000.00 were also missing.

In his appeal, the defendant asserts two assignments of error: (1) that the evidence was insufficient to establish his guilt beyond a reasonable doubt of the offense of attempted simple burglary, and (2) that the sentence imposed is excessive.

OPINION

Assignment of EiTor Number One

In arguing that the evidence is insufficient to support his conviction, the defendant asserts that the state failed to establish that he took the money Ms. Brown reported missing, failed to establish that he entered the building without permission, and failed to establish that he entered the building with the specific intent to commit theft. In fact, he argues that the state failed to establish that he entered the building at all. The defendant further asserts that the state failed to disprove the reasonable hypothesis that the defendant was merely checking on a strange vehicle at the location, and that the state’s loss of a interview tape prevented him from establishing a reasonable hypothesis of innocence. Finally, he also [583]*583complains that Detective Robert Brickley, who was the lead investigator in the matter, had resigned from the Eunice Police Department by the time of trial and had given no explanation for his resignation.

14When 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 proved 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). Louisiana Revised Statutes 14:62(A) provides in pertinent part that “[sjimple burglary is the unauthorized entering of any ... structure ... with the intent to commit a felony or any theft therein.” The previously described factual scenario establishes each of the elements of proof found in this statute. Additionally, the defendant failed to submit any evidence in support of any other reasonable hypothesis of innocence, and failed to either allege or prove that the reason behind Detective Brickley’s resignation would have been relevant to the defendant’s case. In fact, the defendant had the opportunity at trial to question Detective Brickley concerning this issue and did not take advantage of that opportunity.

While we find that the evidence presented would support a verdict of simple burglary, the jury returned only a verdict of attempted simple burglary. We also find that the evidence supports the jury’s verdict. Louisiana Revised Statutes 14:27(A) provides that

[a]ny 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.

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Related

State v. Meredith
155 So. 3d 555 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Shane Welch
Louisiana Court of Appeal, 2012
State v. PORTIE
22 So. 3d 213 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
967 So. 2d 580, 7 La.App. 3 Cir. 0421, 2007 La. App. LEXIS 1812, 2007 WL 2851461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coward-lactapp-2007.