State v. Cutwright

626 So. 2d 780, 1993 WL 431305
CourtLouisiana Court of Appeal
DecidedOctober 27, 1993
Docket25,258-KA
StatusPublished
Cited by13 cases

This text of 626 So. 2d 780 (State v. Cutwright) 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. Cutwright, 626 So. 2d 780, 1993 WL 431305 (La. Ct. App. 1993).

Opinion

626 So.2d 780 (1993)

STATE of Louisiana, Appellee,
v.
Leroy CUTWRIGHT, III, Appellant.

No. 25,258-KA.

Court of Appeal of Louisiana, Second Circuit.

October 27, 1993.

*782 Allan R. Harris, Indigent Defender Bd., for appellant.

Richard Ieyoub, Atty. Gen., Paul Carmouche, Dist. Atty., Ronald R. Inderbitzen, Asst. Dist. Atty., for appellee.

Before VICTORY, BROWN and WILLIAMS, JJ.

BROWN, Judge.

A jury's verdict of guilty of second degree murder resulted in a mandatory life imprisonment sentence for defendant, Leroy Cutwright, III. Defendant principally argues in brief that "[t]he State knew the shooting in this case was unintentional and accidental, so it tried to get around this problem by claiming that it occurred during a robbery, either armed or simple. But the evidence on the robbery claim is ... so weak, in fact, that... any rational trier of fact must come to the conclusion that the State failed to prove beyond a reasonable doubt every essential element of second degree murder." We find, however, that the evidence was such that a rational juror could have found defendant guilty of second degree murder.

FACTS

This killing had its origin in the brief association between defendant, the victim and crack cocaine. The defense presented no evidence at trial. The prosecution's evidence consisted of defendant's statement and the analysis of physical evidence. According to defendant's statement, he and the victim smoked crack cocaine early in the evening of February 1, 1992. Sometime later, the victim, Marshall Walker, obtained possession of additional rocks of cocaine (crack). In the early morning hours of February 2, 1992, defendant and the victim were in the kitchen of a house at 2415½ Laurel Street in Shreveport. The victim refused to share his newly acquired cocaine with defendant, stating, "Let me make some money." Defendant then offered to exchange an unloaded .32 caliber revolver for some of the rocks. The victim refused to trade. At that point, defendant went into an adjacent room, loaded the revolver and returned to the kitchen where he grabbed five rocks of cocaine from the table. Defendant claims the victim grabbed him. In the ensuing struggle the victim was shot in the lower abdomen.

Defendant fled the Laurel Street house leaving the victim mortally wounded. Defendant then smoked the five rocks of cocaine he took from the table. After smoking the cocaine, defendant saw or heard Sunrose Rutledge, Jr., a dispatcher with the Caddo Sheriff's *783 Department, getting into his automobile to go to work. Defendant approached Rutledge and informed him that he had shot somebody the night before. Rutledge then phoned the Shreveport Police Department.

Defendant gave a recorded statement setting forth the above stated facts. This statement was played to the jury. The .32 caliber revolver was found after defendant showed the police where it had been hidden. The coroner testified that the victim died from a single gunshot wound to the abdomen and had cocaine in his system. The coroner recovered the fatal bullet from the victim's body which the crime laboratory determined was fired from defendant's revolver.

REVIEW STANDARD

Sufficiency of the evidence review is whether, after viewing the evidence in the manner most favorable to the prosecution, it supports a rational judgment of guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); LSA-C.Cr.P. Art 821; State v. Meyers, 620 So.2d 1160 (La.1993). This reasonable doubt standard of appellate review applies to all evidence, whether direct or circumstantial. State v. Wright, 445 So.2d 1198, 1201 (La.1984).

The standard of review for sufficiency of evidence, however, should not be confused with the corroboration rule concerning the corpus delicti. In any criminal prosecution the corpus delicti must be established independently of a defendant's extrajudicial statement, confession or admission. State v. Celestine, 452 So.2d 676 (La.1984). The meaning of corpus delicti has been the subject of some confusion. In the context of this case, it means that a specific kind of injury (death) occurred as a result of someone's criminality. 7 Wigmore, Evidence § 2072 (Chadbourn rev. 1981). The corroboration rule requires only that there be some evidence, besides the confession, that a criminal act was committed by someone. This rule insures that the crime was real and not imaginary. See State v. Swafford, 588 So.2d 1276, 1281 (La.App.2d Cir.1991), where defendant's statement that she sold marijuana without any other evidence, did not prove the existence of a crime. However, the test does not require proof as clear and convincing of the corpus delicti as that necessary to establish guilt. A reasonable inference that a crime occurred is sufficient, even in the presence of a plausible noncriminal explanation of the event. See State v. Celestine, supra; State v. Howard, 505 So.2d 228 (La.App. 3d Cir. 1987); Wigmore, supra.

In State v. Ford, 454 So.2d 1226, 1228 (La.App.2d Cir.1984), we stated:

By this assignment the defendant contends that his conviction was based only on his confession without any other evidence connecting him to the offense. The defendant argues that in order for a voluntary confession to be admissible and to support a conviction the state should not only have to prove that a crime has been committed but should also have to prove an independent link between the defendant and the crime. Defendant cites State v. Reed, 420 So.2d 950 (La.1982) in which the court, after holding that when the details of a proven corpus delicti are corroborated by a voluntary confession, the confession is admissible, noted that, in addition, tire marks from the defendant's car also linked him to the crime. The parenthetical reference to the additional link between the defendant and the crime in the Reed case did not establish such an additional link as a standard or requirement for the admissibility of a voluntary confession or for judging the sufficiency of the evidence to support a conviction. There is no such requirement.
In this case, proof of the burglary and taking of the truck, together with the defendant's voluntary confession, constituted sufficient evidence of his guilt of the offenses for which he was convicted. [burglary and unauthorized use of a movable].

The rule concerning proof of the corpus delicti is based on a hesitancy to accept without corroboration a confession to a crime that may never have been committed. Thus, where as in the instant case there is independent proof of a shooting death, this fear of a non-existent crime vanishes and the rule has served its purpose. Once proof independent of the confession infers the fact *784 of death by violent means, the confession alone can supply the proof linking the accused to the crime. Additionally, the confession can prove the elements essential to determining the degree of the crime, such as, intent or the underlying felony in a felony— murder prosecution. See State v. Celestine, supra; State v. Romero, 369 So.2d 1342 (La. 1979); State v. Ford, supra. The medical confirmation that the victim died from a gunshot wound adequately established the corpus delicti in the instant case.

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Bluebook (online)
626 So. 2d 780, 1993 WL 431305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cutwright-lactapp-1993.