State v. Dean

528 So. 2d 679, 1988 WL 43170
CourtLouisiana Court of Appeal
DecidedMay 4, 1988
Docket19619-KA
StatusPublished
Cited by52 cases

This text of 528 So. 2d 679 (State v. Dean) 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. Dean, 528 So. 2d 679, 1988 WL 43170 (La. Ct. App. 1988).

Opinion

528 So.2d 679 (1988)

STATE of Louisiana, Appellee,
v.
Johnell DEAN, Appellant.

No. 19619-KA.

Court of Appeal of Louisiana, Second Circuit.

May 4, 1988.

*681 McLeod, Swearingen, Verlander, Dollar, Price & Noah by John T. Scott, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., James A. Norris, Jr., Dist. Atty., Kathy R. McCoy, Asst. Dist. Atty., Monroe, for appellee.

Before JASPER E. JONES, FRED W. JONES, Jr. and LINDSAY, JJ.

FRED W. JONES, Jr., Judge.

After having been charged with attempted second degree murder, the defendant Dean was tried by jury and found guilty of attempted manslaughter (R.S. 14:31, 27). The defendant was sentenced to prison for five years. He appealed, reserving two assignments of error, claiming that the State failed to prove he had specific intent to kill and that the sentence imposed was constitutionally excessive.

For the reasons hereinafter explained, we affirm the conviction and sentence.

Factual Context

On the evening of May 29, 1986 the victim, Michael Robinson, two friends, Michael Chisley and Michael Handy, and the victim's brother, Anthony Robinson, attended the annual Carroll High School Talent Show in Monroe. After the talent show, the victim and his two friends left the school, intending to return to the victim's home. Before they had left the school property, they were approached by the defendant, Johnell Dean. Dean addressed the victim and asked if he (the victim) remembered him (the defendant). The victim answered in the affirmative. No other words were spoken but the two faced off momentarily. The victim and his friends then resumed their trek home. After they had gone approximately 50 yards, the victim heard the defendant approaching from behind and began to turn. Before the victim could complete the turn, Dean had stabbed him in the upper back. The victim and his friends then ran in one direction and the defendant ran in another. After the victim had run some distance, his friend, Chisley, caught up with him and pulled the protruding knife out of the victim's back. Chisley discarded the knife and they proceeded to the house of the girlfriend of the victim's brother, which was on the way to the victim's house. Upon arrival, the police were called. Police who arrived in response to the call were told by the girlfriend of the victim's brother, Cassandra Kelly, that Johnell Dean had committed the stabbing. Prior to this time neither the victim nor the victim's friends knew the defendant's name, although they all remembered him from a previous encounter. The victim was taken to St. Francis Hospital where he was treated and released.

At trial, the victim positively identified the defendant, Johnell Dean, as being his assailant. Michael Handy also identified the defendant at trial as being the one who stabbed Michael Robinson.

Assignment of Error No. 1

The defendant, by this assignment, claims the State did not prove beyond a reasonable doubt and, therefore, no reasonable trier-of-fact could have found that Johnell Dean had the specific intent to kill the victim, Michael Robinson.

The defendant was found guilty of attempted manslaughter, in violation of La.R. S. 14:27 and 14:31.

La.R.S. 14:27 provides in part:

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. (emphasis added).
B. Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.
C. An attempt is a separate but lesser grade of the intended crime; and any *682 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.

La.R.S. 14:31 provides:

Manslaughter is:

1) 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. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed: or

2) A homicide committed, without any intent to cause death or great bodily harm.
a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Articles 30 or 30.1, or of any intentional misdemeanor or directly affecting the person; or
b) When the offender resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Articles 30 or 30.1.
Whoever commits manslaughter shall be imprisoned at hard labor for not more than twenty-one years.

In a criminal prosecution the State has the burden of proving beyond a reasonable doubt every element of the crime.

Specific intent to commit a crime is an element of an attempted offense. La. R.S. 14:27. More specifically, specific intent to kill is an element of the crime of attempted manslaughter. State v. Butler, 322 So.2d 189 (La.1975); State v. Odom, 511 So.2d 1214 (La.App. 2d Cir.1987), writ denied, 515 So.2d 446 (La.1987); State v. Turner, 440 So.2d 834 (La.App. 2d Cir. 1983). Hence, a conviction for an attempted offense must rest upon sufficient proof that the offender actively desired to cause the proscribed criminal consequences to follow his act or failure to act and that the offender committed or omitted an act for the purpose and tending directly toward the accomplishing of his object. La.R.S. 14:10 and 14:27. See State v. Parish, 405 So.2d 1080 (La.1981), on remand, 429 So.2d 442.

Specific intent is a state of mind and need not be proved as a fact; it may be inferred from the circumstances of the transaction and the action and actions of the defendant. La.R.S. 15:455; State v. Graham, 420 So.2d 1126 (La.1982); State v. Fuller, 414 So.2d 306 (La.1982). The determination of whether the requisite intent is present in a criminal case is for the trier-of-fact. See State v. Huizar, 414 So.2d 741 (La.1982) and State v. Butler, supra. In reviewing the correctness of such determination, the Court should review the evidence in a light most favorable to the prosecution and must determine if the evidence is sufficient to convince a reasonable trier-of-fact of the guilt of the defendant beyond a reasonable doubt as to every element of the offense. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). State v. Huizar, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
528 So. 2d 679, 1988 WL 43170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dean-lactapp-1988.